Bass v. Pershing et. al.

Background

Robert C. Bass, appearing without a lawyer, asked the court to reopen his closed case and permit him to file a second amended complaint. His request referred to an earlier opinion and order dismissing his amended complaint and to various docket entries that he said the court had overlooked or inadequately considered.

Bass’s arguments

Bass argued that allegations of fraudulent concealment should have prevented dismissal of his civil Racketeer Influenced and Corrupt Organizations Act claims as untimely. He cited decisions discussing equitable tolling, which can extend a filing deadline in some circumstances, and argued that the alleged concealment could not properly be resolved at the stage of deciding whether the complaint stated a claim.

Bass also argued that the court had not properly considered issues involving a Financial Industry Regulatory Authority arbitration, including whether the arbitration panel should have allowed him to add Pershing, LLC and whether there was a valid agreement to arbitrate. He further disputed the treatment of an email attributed to Joseph Cuniglio and asked for a subpoena for Cuniglio as a potential witness.

Bass proposed abandoning claims against FINRA and BNY Mellon N.A. and continuing claims against Pershing, LLC and CGMI.

Ruling

The order states only: “Application DENIED.” Judge Valerie Caproni therefore denied Bass’s request to reopen the case. The order does not provide additional reasoning and does not state whether Bass may file another request or complaint.