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COLEMAN & CO. SECURITIES v. GIAQUINTO FAMILY TRUST

No. 00 CIV. 1632(DC).

236 F.Supp.2d 288 (2002)

COLEMAN & COMPANY SECURITIES, INC., Petitioner, v. The GIAQUINTO FAMILY TRUST, et al., Respondents. Aaron Jones Yorke, IV, Intervenor-Petitioner, v. The Giaquinto Family Trust, et al., Respondents. David J. Chester, Intervenor-Petitioner, v. The Giaquinto Family Trust, et al., Respondents.

United States District Court, S.D. New York.

September 27, 2002.

Attorney(s) appearing for the Case

Kurzman Eisenberg Corbin Lever & Goodman, LLP by Andrew J. Goodman, Esq., New York City, for Petitioner.

Pryor, Cashman, Sherman & Flynn, LLP by Mitchell C. Stein, Esq., Todd R. Bartos, Esq., New York City, Stark & Stark, P.C. by Craig S. Hilliard, Princeton, NJ, for Respondents.

Hunter & Associates by Alexander M. Hunter, III, Esq., New York City, for Intervenor-Petitioner David J. Chester.

Jenkens & Gilchrist Parker Chapin LLP by Richard G. Cushing, Esq., New York City, for Intervenor-Petitioner Aaron Jones Yorke, IV.

OPINION

CHIN, District Judge.

This petition to permanently stay a securities arbitration turns on whether the underlying claims are time-barred. The answer in turn depends upon when respondents knew or should have known of the existence of their claims, and thus whether they may receive the benefit of the discovery rule or equitable tolling. For the reasons set forth below, I conclude that respondents had sufficient notice of their claims for a period...

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