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IN THE MATTER OF VTRADER PRO LLC v. PIRES

102334/09.

2009 NY Slip Op 29195

IN THE MATTER OF THE PETITION OF VTRADER PRO, LLC; CUTLER GROUP, LP; DC TRADING PARTNERS LLC; EVEREST TRADING LLC; AND MOG CAPITAL, LLC, Petitioners, FOR AN ORDER PURSUANT TO SECTION 3102(C) OF THE CIVIL PRACTICE LAW AND RULES TO DIRECT THE ISSUANCE OF A SUBPOENA DUCES TECUM TO JOSEPH AZEVEDO PIRES, KELLOGG CAPITAL GROUP LLC AND NYSE EURONEXT, FORMERLY KNOWN AS THE AMERICAN STOCK EXCHANGE, Respondents.

Supreme Court of the State of New York, New York County.

Decided April 16, 2009.

EDWARD H. LEHNER, J.

In this special proceeding Petitioners seek an order, pursuant to CPLR 3102[c], directing the pre-arbitration issuance of judicial subpoenas to Respondents in order to ascertain the identity of other potential parties to the contemplated arbitration proceeding.

Petitioners state that they will be seeking recovery of over $3.8 million for the allegedly improper trading of shares of Inter Oil Corp. (OIC). They claim that on June 19, 2008...

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