Legal Opinion

Pershing LLC v. Kiebach

District Court, E.D. Louisiana

Decided April 22, 2015No. Civil Action No. 14-2549PublishedCited by 2 opinions

1Opinion of the Court

ORDER AND REASONS

LANCE M. AFRICK, District Judge.

Before the Court is a motion1 filed by defendants to dismiss the above-captioned matter pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. Plaintiff, Pershing LLC (“Pershing”), opposes2 the motion. For the following reasons, the motion is DENIED.

BACKGROUND

Pershing is a limited-liability company that provides financial services to brokerage firms.3 Defendants each entered into *570a “Client and Margin Agreement” with Pershing, which made Pershing “the carrier of the accounts of [defendants] as…

2Cases cited20 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  3. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  4. Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
  5. Vaden v. Discover BankSupreme Court of the United States · 2009

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3Cited by2 opinions

  1. Pershing, L.L.C. v. Thomas KiebachCourt of Appeals for the Fifth Circuit · 2016
  2. Pershing, L.L.C. v. Thomas KiebachCourt of Appeals for the Fifth Circuit · 2016

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