Empower Annuity Insurance Company of America et al v. Swanson et al
Plaintiff: Empower Annuity Insurance Company of America, Empower Advisory Group, LLC and Empower Retirement LLC
Defendant: Nicholas Peter Swanson and Savvy Advisors, Inc.
Counter-Claimant: Nicholas Peter Swanson
Counter-Defendant: Empower Advisory Group, LLC, Empower Annuity Insurance Company of America and Empower Retirement LLC
Case Number: 1:2025cv03901
Filed: December 4, 2025
Court: U.S. District Court for the District of Colorado
Presiding Judge: Susan Prose
Referring Judge: Regina M Rodriguez
Nature of Suit: Defend Trade Secrets Act (of 2016)
Cause of Action: 18 U.S.C. § 1836 (b) Civil Action to Protect Trade Secrets
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 29, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2026 Opinion or Order Filing 32 ORDER RESETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 04/29/2026. In light of the parties' #31 Stipulation and the agreed deadlines therein, the Fed. R. Civ. P. 16(b) Scheduling Conference previously set for May 4, 2026 is VACATED AND RESET.The Scheduling Conference shall be held on June 23, 2026, at 10:00 a.m., in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections.Proposed scheduling order (including a copy in Word format to # [email protected]) due June 16, 2026. Text Only Entry (sjeff)
April 21, 2026 Filing 31 STIPULATION for Extension of Time for Defendants Amending their Answers and Counterclaims by Plaintiffs Empower Advisory Group, LLC, Empower Annuity Insurance Company of America, Empower Retirement LLC. (Greco, Michael)
April 1, 2026 Filing 30 STIPULATION for Extension of Time to Answer or Respond to the Complaint Stipulation for Extension of Time to Respond to Defendant Swanson's Counterclaims by Plaintiffs Empower Retirement LLC, Empower Advisory Group, LLC, Empower Annuity Insurance Company of America. Empower Retirement LLC answer due 4/23/2026; Empower Advisory Group, LLC answer due 4/23/2026; Empower Annuity Insurance Company of America answer due 4/23/2026. (Greco, Michael)
March 13, 2026 Filing 29 NOTICE of Entry of Appearance by Barry P. Kaltenbach on behalf of Savvy Advisors, Inc.Attorney Barry P. Kaltenbach added to party Savvy Advisors, Inc.(pty:dft) (Kaltenbach, Barry)
March 13, 2026 Filing 28 NOTICE of Entry of Appearance by Jacob Daniel Koering on behalf of Savvy Advisors, Inc.Attorney Jacob Daniel Koering added to party Savvy Advisors, Inc.(pty:dft) (Koering, Jacob)
March 12, 2026 Filing 27 ANSWER to #1 Complaint,, by Savvy Advisors, Inc..(Wiletsky, Mark)
March 12, 2026 Filing 26 ANSWER to #1 Complaint,, , COUNTERCLAIM against Empower Advisory Group, LLC, Empower Annuity Insurance Company of America, Empower Retirement LLC by Nicholas Peter Swanson.(Vickles, Heather)
February 24, 2026 Opinion or Order Filing 25 ORDER GRANTING #23 Motion to Withdraw by Magistrate Judge Susan Prose on 02/24/2026. Mark Wiletsky is no longer counsel for Defendant Nicholas Peter Swanson. Mr. Swanson continues to be represented by attorneys Hether Vickles and Carissa Davis, who shall serve a copy of the Motion and this Order to their client. See D.C.COLO.LAttyR 5.1(b). Mr. Wiletsky remains counsel of record for Savvy Advisors, Inc. Text Only Entry (sjeff)
February 20, 2026 Opinion or Order Filing 24 ORDER REFERRING MOTION: #23 MOTION to Withdraw as Attorney filed by Nicholas Peter Swanson, Savvy Advisors, Inc. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 2/20/2026. Text Only Entry (rmrja)
February 20, 2026 Filing 23 MOTION to Withdraw as Attorney by Defendants Savvy Advisors, Inc., Nicholas Peter Swanson. (Attachments: #1 Proposed Order (PDF Only))(Wiletsky, Mark)
February 17, 2026 Opinion or Order Filing 22 ORDER GRANTING Defendants' #20 Unopposed Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Susan Prose on 02/17/2026. Defendants shall file their responsive pleading on or before March 12, 2026. In light of this extension, the Fed. R. Civ. P. 16(b) Scheduling Conference previously set for February 23, 2026 is VACATED AND RESET.The Scheduling Conference shall be held on May 4, 2026, at 3:00 p.m., in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections.Proposed scheduling order (including a copy in Word format to # [email protected]) due April 27, 2026. Text Only Entry(sjeff)
February 11, 2026 Opinion or Order Filing 21 ORDER REFERRING MOTION: #20 Joint MOTION for Extension of Time to File Answer or Otherwise Respond and Vacate and Reschedule Scheduling Conference filed by Savvy Advisors, Inc. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 2/11/2026. Text Only Entry (rmrja)
February 10, 2026 Filing 20 Joint MOTION for Extension of Time to File Answer or Otherwise Respond and Vacate and Reschedule Scheduling Conference by Defendant Savvy Advisors, Inc.. (Wiletsky, Mark)
February 10, 2026 Filing 19 NOTICE of Entry of Appearance by Carissa Jean Davis on behalf of Nicholas Peter SwansonAttorney Carissa Jean Davis added to party Nicholas Peter Swanson(pty:dft) (Davis, Carissa)
February 10, 2026 Filing 18 NOTICE of Entry of Appearance by Heather Fox Vickles on behalf of Nicholas Peter SwansonAttorney Heather Fox Vickles added to party Nicholas Peter Swanson(pty:dft) (Vickles, Heather)
February 3, 2026 Filing 17 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Nicholas Peter Swanson, Savvy Advisors, Inc... (Wiletsky, Mark)
January 12, 2026 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Empower Advisory Group, LLC, Empower Annuity Insurance Company of America, Empower Retirement LLC All parties do not consent.. (Custer, Kathleen)
January 5, 2026 Opinion or Order Filing 15 STIPULATED PRELIMINARY INJUNCTION ORDER. Entered by Judge Regina M. Rodriguez on 1/6/2025. (rmrja)
January 5, 2026 Opinion or Order Filing 14 ORDER granting #12 Joint Motion for Entry of Stipulated Preliminary Injunction Order. By Judge Regina M. Rodriguez on 1/6/2025. Text Only Entry(rmrja)
December 29, 2025 Opinion or Order Filing 13 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 12/29/2025. Consent form due January 12, 2026. Proposed scheduling order (including a copy in Word format to # [email protected]) due March 2, 2026. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on March 9, 2026, at 11:00 a.m. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speakerphone and Bluetooth connections. (sjeff)
December 17, 2025 Filing 12 Joint MOTION for Order to Enter Stipulated Preliminary Injunction Order (also filed on behalf of Defendants) by Plaintiffs Empower Advisory Group, LLC, Empower Annuity Insurance Company of America, Empower Retirement LLC. (Attachments: #1 Exhibit 1 - Stipulated Preliminary Injunction)(Greco, Michael)
December 12, 2025 Filing 11 NOTICE of Entry of Appearance by Mark Brian Wiletsky on behalf of Savvy Advisors, Inc., Nicholas Peter SwansonAttorney Mark Brian Wiletsky added to party Savvy Advisors, Inc.(pty:dft), Attorney Mark Brian Wiletsky added to party Nicholas Peter Swanson(pty:dft) (Wiletsky, Mark)
December 10, 2025 Filing 10 WAIVER OF SERVICE Returned Executed by Empower Annuity Insurance Company of America, Empower Retirement LLC, Empower Advisory Group, LLC. Savvy Advisors, Inc. waiver sent on 12/5/2025, answer due 2/3/2026. (Custer, Kathleen)
December 10, 2025 Filing 9 WAIVER OF SERVICE Returned Executed by Empower Annuity Insurance Company of America, Empower Retirement LLC, Empower Advisory Group, LLC. Nicholas Peter Swanson waiver sent on 12/5/2025, answer due 2/3/2026. (Custer, Kathleen)
December 4, 2025 Filing 8 NOTICE of Entry of Appearance by Kathleen Kramer Custer on behalf of Empower Advisory Group, LLC, Empower Annuity Insurance Company of America, Empower Retirement LLCAttorney Kathleen Kramer Custer added to party Empower Advisory Group, LLC(pty:pla), Attorney Kathleen Kramer Custer added to party Empower Annuity Insurance Company of America(pty:pla), Attorney Kathleen Kramer Custer added to party Empower Retirement LLC(pty:pla) (Custer, Kathleen)
December 4, 2025 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Susan Prose. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 12/4/2025. Text Only Entry (rmrja)
December 4, 2025 Filing 6 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Empower Services Holdings US, LLC for Empower Retirement LLC. (Greco, Michael)
December 4, 2025 Filing 5 CORPORATE DISCLOSURE STATEMENT. (Greco, Michael)
December 4, 2025 Filing 4 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA, Corporate Parent Empower Services Holdings US, LLC for Empower Advisory Group, LLC. (Greco, Michael)
December 4, 2025 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (eluce, )
December 4, 2025 Filing 2 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose. Text Only Entry (eluce, )
December 4, 2025 Filing 1 COMPLAINT against Savvy Advisors, Nicholas Peter Swanson (Filing fee $ 405,Receipt Number ACODC-10696842)Attorney Michael R. Greco added to party EMPOWER ADVISORY GROUP, LLC(pty:pla), Attorney Michael R. Greco added to party EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA(pty:pla), Attorney Michael R. Greco added to party Empower Retirement LLC(pty:pla), filed by EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA, Empower Retirement LLC, EMPOWER ADVISORY GROUP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet, #10 Summons Nicholas Peter Swanson, #11 Summons Savvy Advisors Inc)(Greco, Michael)

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Plaintiff: Empower Annuity Insurance Company of America
Represented By: Michael R. Greco
Represented By: Kathleen Kramer Custer
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Plaintiff: Empower Advisory Group, LLC
Represented By: Michael R. Greco
Represented By: Kathleen Kramer Custer
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Plaintiff: Empower Retirement LLC
Represented By: Michael R. Greco
Represented By: Kathleen Kramer Custer
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Defendant: Nicholas Peter Swanson
Represented By: Heather Fox Vickles
Represented By: Carissa Jean Davis
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Defendant: Savvy Advisors, Inc.
Represented By: Jacob Daniel Koering
Represented By: Barry P. Kaltenbach
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Counter-claimant: Nicholas Peter Swanson
Represented By: Heather Fox Vickles
Represented By: Carissa Jean Davis
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Counter-defendant: Empower Advisory Group, LLC
Represented By: Michael R. Greco
Represented By: Kathleen Kramer Custer
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Counter-defendant: Empower Annuity Insurance Company of America
Represented By: Michael R. Greco
Represented By: Kathleen Kramer Custer
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Counter-defendant: Empower Retirement LLC
Represented By: Michael R. Greco
Represented By: Kathleen Kramer Custer
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