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Chronology of Court Case Against TD Ameritrade
Chronology of FINRA Arbitration Case Against TD Ameritrade
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Laurent J. LaBrie v. TDAmeritrade 
FINRA Claim 11-03725
Claimant Reminds Arbitrator of Unenforced Orders
August 28, 2012
Via E-mail
Douglas E. McLaren
c/o FINRA Dispute Resolution
Southeast Processing Center
Boca Center Tower 1
5200 Town Center Circle
Boca Raton, FL 33486
Re: Reminder of Actions Outstanding in Arbitration No. 11-03725 Laurent J. La Brie v. Toronto Dominion Ameritrade
Dear Mr. McLaren,
Claimant would like to politely remind the Panel of the issues outstanding after the pre-hearing conference of August 20, 2012. Claimant is concerned that the end of the Period for Responses to Discovery Requests is August 31, 2012 and an extension will be needed to obtain documents which the Panel has granted the Claimant.
The Panel had four issues before it:
1. Subpoena of TD Ameritrade Clearing
2. Ruling on whether Claimant will be granted List 1 documents such as any policy or other written directive to TDA's employees/brokers in force during the period of October 27, 2007 to January 16, 2010 stating what research should be done and what information should be given to a client when he/she calls regarding changes to the symbol for an option as well as those policy or directive specifically regarding the UDR options.
3. Ruling on whether Panel would be enforcing its ruling that Respondents would provide the telephone logs from their telephone carrier or the contact information on the telephone carrier so that a subpoena could be issued for these telephone logs. In the pre-hearing conference of 8/20/12, Respondent stated that, despite Panel's written order of 3/9/12, Respondent understood from the Discovery pre-hearing conference that the Panel denied Claimant's request that Respondent provide the phone records from the carrier in its posession. The Claimant stated that this was not true and provides the correspondence between the parties in March and April (enclosed) which demonstrates the untruth of the Respondent's statement. Since the Panel granted the Claimant's request and Respondent has refused to release any documents which would comply with the ruling, Claimant has requested enforcement or a subpoena which Claimant has provided to the Panel.
4. Whether the Panel would allow Plaintiff
-
1. to add factual allegations necessary to state a claim against Respondent for Failure to Supervise their brokers;
2. to add factual allegations necessary to state a claim against Respondent and TD Clearing for Failure to Execute a Customer's Order, specifically the Order of Claimant;
3. to add factual allegations necessary to the Clearing Dispute against Respondent and TD Clearing for Respondents' Intentional and/or Negligent Misrepresentations to Claimant when they failed to execute and/or clear the trade.
4. and if allowing the claim of "Clearing Dispute", whether Plaintiff can add TD Ameritrade Clearing as a respondent.
On March 9, 2012, Panel had ordered Respondent to provide the telephone logs from its telephone carrier by March 30, 2012.
Claimant had followed up with correspondence to the Respondent on March 15, March 16, April 26, and April 27. (See Exhibits.)
After no compliance was received, the Claimant requested the Panel's intervention in the pre-hearing conferences of June 15, 2012 and August 20, 2012.
In his memo of July 5, 2012 Claimant also reminded the Panel of this outstanding issue.
Claimant thus requests the Panel promptly rule on the aforementioned 4 items and grant an extension of the Period for Responses to Discovery Requests to allow the Respondent time to comply with the order.
Thank you for your assistance.
Sincerely,
Laurent J. La Brie
cc: TD Ameritrade Clearing
Scott Cornett
Enclosures:
Plaintiff's letter of 3/15/12 to FINRA cc: Respondent
Plaintiff's letter of 3/16/12 to Respondent
Plaintiff's letter of 3/28/12 to Respondent
Plaintiff's letter of 4/12/12 to Respondent
Respondent's letter of 4/27/12 to Plaintiff
Plaintiff's letter of 4/27/12 to Respondent
Respondent's letter of 5/7/12 to Plaintiff
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