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i have asked questions before. i would like to continue .
Submitted: 8 months ago.Category: Business Law
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9/23/2017
Business Lawyer: RayAnswers, Attorney replied 8 months ago
RayAnswers
RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 47,136
Experience: I have 30 years as a business lawyer in Texas
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Business Lawyer: RayAnswers, Attorney replied 8 months ago

Let me know what questions you have here, thanks.

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Customer reply replied 8 months ago
the case is now in the process of discovery. i found some of the data provided by fidelity is not complete and they have been altered. i filed a motion for order compelling discovery. now i have the permission from the arbitration panel to observe the data retrieving process on their site. but the order comes with some restrictions. it allows me to watch but not to direct or question the data retrieving process. the process includes retrieving emails, filed hard copy documents. I don't think i will be able to get the authentic data if fidelity does not follow the finra or sec rules in storing their data and retrieving their data and i am not make any request or ask questions. do you think i should come back to the arbitration panel and raise this question?
Customer reply replied 8 months ago
i am afraid if they don't like that, they might hold it against me and rule against me later.
Business Lawyer: RayAnswers, Attorney replied 8 months ago

You can ask here, I don't think they would hold it against you.Understand if arbitration is not successful you are then allowed full discovery through the courts.

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Customer reply replied 8 months ago
no. the reward will be binding. i have signed the agreement.
Customer reply replied 8 months ago
the case is now all about data. fidelity is trying to hide it . i am desperately trying to get the real thing. only fidelity system stores the information. if i can't get the untampered data, it will be very tough for me to prove the fraud. but i know for sure they have committed the fraud. do you think the panel did the right thing by putting the restriction on the discovery? i feel the panel is biased.
Customer reply replied 8 months ago
i have hired digital forensic expert to watch the data retrieving. but if they don't do it right and i don't get the right thing, i am sure he will have questions.
Business Lawyer: RayAnswers, Attorney replied 8 months ago

So understand the purpose of arbitration is both sides present and try to reach a settlement using a neutral party, if it doesn't settle then you can do full discovery and get the things you are asking for.

do you think the panel did the right thing by putting the restriction on the discovery? i feel the panel is biased. Yes the purpose of arbitration here is limited to trying to settle a dispute and then if it fails you continue with discovery.It is very limited in the arbitration process because thats not really the purpose.Here both sides make presentation and you hope the panel can help reach middle ground.Otherwise it goes back to court.

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Business Lawyer: RayAnswers, Attorney replied 8 months ago

Thanks again for letting me help you I appreciate the chance to do so.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
the case is to find truth. there is no middle ground for a fraud case. you either prove you committed a fraud or you didn't. if i don't have sufficient evidence to prove my claims then i will have limited chance to prevail. the restrictions are limiting my ability to get the evidence for the facts. once the panel reach a decision, the decision will be final. there is no chance for an appeal.
Business Lawyer: RayAnswers, Attorney replied 8 months ago

So in that case ask for more discovery worst that happens is they limit it.You will never know until you ask.It seems reasonable what you are asking for it may make sense for the panel to allow it.

I wish you the best here.

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Customer reply replied 8 months ago
You have answered my questions. Thank you.
Business Lawyer: RayAnswers, Attorney replied 8 months ago

Thanks if you can rate 5 stars at top of page much appreciated.Have a great evening.

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