Tanjutco v. NYLife Securities LLC

Background

Carolina Tanjutco, who is representing herself, filed an amended petition under the Federal Arbitration Act. She seeks to confirm part of, and vacate part of, an arbitration award issued by a Financial Industry Regulatory Authority panel. The opinion states that an earlier order dismissed the petition for lack of subject-matter jurisdiction but allowed Tanjutco to file an amended petition. The amended petition filed on September 27, 2023, is the operative pleading.

The court had previously allowed Tanjutco to proceed without prepaying filing fees. In such cases, the court and the U.S. Marshals Service handle service of the summons and petition. The court explained that Tanjutco could not serve the summonses until the court reviewed the amended petition and ordered that summonses be issued.

Order

The court directed the Clerk of Court to issue summonses for NYLife Securities LLC, New York Life Insurance Company, the Financial Industry Regulatory Authority, and the Securities and Exchange Commission. The Clerk must complete the required U.S. Marshals Service Process Receipt and Return forms with the respondents’ addresses and deliver the necessary documents to the Marshals Service for service.

The court stated that the amended petition must be served within 90 days after the summonses are issued. If service is not completed within that period, Tanjutco should request an extension of time. The court also directed the Clerk to mail Tanjutco a copy of the order and an information package at the addresses identified in the order. Tanjutco must notify the court in writing if her address changes, and the court may dismiss the action if she fails to do so.

Judge Valerie Caproni’s order addressed service of process and case administration; it did not decide whether the arbitration award should be confirmed or vacated.