Kreger et al v. McCance et al
| RHK Capital, LLC, Richard H. Kreger and Bruce C. Ryan |
| Trust Advisory Group, Ltd, Advisory Group Equity Services, Ltd, TAG Group, Inc., Trust Advisory Services, Ltd., Susan M. Lemoine and William H. McCance |
| 3:2021cv00424 |
| March 26, 2021 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Barry, Donna) |
Filing 24
RULING (see attached). For the reasons set forth in the attached opinion, the Court DENIES Plaintiffs' #4 Motion for Temporary Restraining Order. Having considered the facts as revealed by the record, and the governing authorities, the Court concludes that Plaintiffs have failed to make the requisite showing that they will suffer irreparable harm if the Court does not issue the prayed-for relief. In light of the Court's denial of Plaintiff's #4 Motion for Temporary Restraining Order, the Court further DENIES AS MOOT Plaintiffs' #5 Motion for Waiver of Security or Bond. The Clerk is directed to close the file. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on May 6, 2021. (Mattison, N.)
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| Filing 23 CERTIFICATE OF GOOD STANDING re #14 MOTION for Attorney(s) Kirsten Patzer to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6449980) by Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd. (Patzer, Kirsten) |
| Filing 22 TRANSCRIPT of Proceedings: Type of Hearing: Motion Hearing re: Temporary Restraining Order held on April 1, 2021 before Judge Charles S. Haight. Court Reporter: Corinna F. Thompson. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 4/26/2021. Redacted Transcript Deadline set for 5/6/2021. Release of Transcript Restriction set for 7/4/2021. (Thompson, C.) |
| Filing 21 Minute Entry Proceedings held before Judge Charles S. Haight, Jr: Motion Hearing held on 4/1/2021 #4 Motion for TRO was taken under advisement Total Time: 1 hour and 30 minutes (Court Reporter Corinna Thompson) (Barry, Donna) |
| Filing 20 EXHIBIT to First Amended Verified Complaint by Richard H. Kreger, RHK Capital, LLC, Bruce C. Ryan re #19 Amended Complaint,. (Katz, Stuart) |
| Filing 19 AMENDED COMPLAINT First Amended Verified Complaint against Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd, filed by RHK Capital, LLC, Bruce C. Ryan, Richard H. Kreger.(Katz, Stuart) |
| Filing 18 Memorandum in Opposition To Plaintiffs' Motion For Temporary Restraining Order re #4 MOTION for Temporary Restraining Order filed by Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd. (Patzer, Kirsten) |
| Filing 17 RESPONSE To Plaintiffs Motion for Temporary Restraining Order filed by Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd. (Patzer, Kirsten) |
| Filing 16 NOTICE of Appearance by Kirsten Patzer on behalf of Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd (Patzer, Kirsten) |
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Filing 15
ORDER granting #14 Motion to Appear Pro Hac Vice for Kirsten Patzer. Certificate of Good Standing due by 5/29/2021. Signed by Clerk on 3/30/2021. (Nuzzi, Tiffany)
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| Filing 14 MOTION for Attorney(s) Kirsten Patzer to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6449980) by Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd. (Attachments: #1 Affidavit of Counsel in support of Motion for Pro Hac Vice Admission)(Kenney, Michael) |
| Filing 13 NOTICE of Appearance by Michael P. Kenney on behalf of Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd (Kenney, Michael) |
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Filing 12
ELECTRONIC ORDER. With respect to subject matter jurisdiction, the #1 Complaint in this case asserts that there is complete diversity of citizenship but does not adequately allege it. As for the four individuals, two Plaintiffs and two Defendants, residence is not a sufficient allegation of citizenship. Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 102-03 (2d Cir. 1997). An individual's citizenship for diversity purposes is determined by his or her domicile, "the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Palazzo v. Corio, 232 F.3d 38, 42 (2d Cir. 2000) (quoting Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir.1998)). In the case at bar, one additional Plaintiff is a limited liability company ("LLC"), two Defendants are LLCs, and one Defendant is a corporation ("Inc."). An LLC "takes the citizenship of each of its members," Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt., 692 F.3d 42, 49 (2d Cir. 2012), and is thus a citizen of every state in which an individual or entity with an equitable interest is a citizen. An Inc. is a citizen of "any State by which it has been incorporated and of the State where it has its principal place of business." 28 U.S.C. 1332(c)(1). The Complaint's allegations fail to present sufficient facts to establish citizenship of all parties for diversity purposes. "Subject-matter jurisdiction can never be waived or forfeited." Gonzalez v. Thaler, 565 U.S. 134, 141 (2012). "[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (citation omitted). See Fed. R. Civ. P. 12(h)(3). Accordingly, counsel must be prepared to discuss and present facts to establish subject matter jurisdiction at the April 1, 2021, hearing at 2:00 p.m. It is SO ORDERED.Signed by Judge Charles S. Haight, Jr. on March 29, 2021. (Dorais, L.)
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Filing 11
ELECTRONIC ORDER. The Parties are ORDERED to appear for a hearing regarding Plaintiffs' #4 Motion for Temporary Restraining Order, which will take place on Thursday, April 1, 2021 at 2:00 PM via Zoom. Plaintiffs are ORDERED to make every effort to ensure that Defendants appear at this hearing. Zoom access instructions will be given by separate docket entry. No Temporary Restraining Order will be issued at the present time. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on March 27, 2021. (Mattison, N.)
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| NOTICE regarding hearing via Zoom: The hearing on Plaintiff's #4 Motion for Temporary Restraining Order scheduled for April 1, 2021, at 2:00 p.m. will be conducted via Zoom. The video link: https://www.zoomgov.com/j/1603539404?pwd=WXBmMXZwYkMzNi9hREJvb1NqdjRBQT09 Call-in number: 1-(646) 828-7666Meeting ID: 160 353 9404Meeting Passcode: 193456Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Dorais, L.) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd* with answer to complaint due within *21* days. Attorney *Stuart M. Katz* *Cohen & Wolf, P.C.* *1115 Broad St., Po Box 1821* *Bridgeport, CT 06604*. (Nuzzi, Tiffany) |
| Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #7 Order on Pretrial Deadlines, #6 Notice of Appearance filed by RHK Capital, LLC, Richard H. Kreger, Bruce C. Ryan, #3 Affidavit filed by RHK Capital, LLC, Richard H. Kreger, Bruce C. Ryan, #8 Electronic Filing Order, #4 MOTION for Temporary Restraining Order filed by RHK Capital, LLC, Richard H. Kreger, Bruce C. Ryan, #2 Notice of Appearance filed by RHK Capital, LLC, Richard H. Kreger, Bruce C. Ryan, #5 MOTION Waiver of Security or Bond re #4 MOTION for Temporary Restraining Order filed by RHK Capital, LLC, Richard H. Kreger, Bruce C. Ryan, #1 Complaint filed by RHK Capital, LLC, Richard H. Kreger, Bruce C. Ryan Signed by Clerk on 3/26/2021.(Nuzzi, Tiffany) |
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 3/26/2021.(Nuzzi, Tiffany)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 5/25/2021 Discovery due by 9/25/2021 Dispositive Motions due by 10/30/2021 Signed by Clerk on 3/26/2021.(Nuzzi, Tiffany)
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| Filing 6 NOTICE of Appearance by Richard Slavin on behalf of Richard H. Kreger, RHK Capital, LLC, Bruce C. Ryan (Slavin, Richard) |
| Filing 5 MOTION Waiver of Security or Bond re #4 MOTION for Temporary Restraining Order by Richard H. Kreger, RHK Capital, LLC, Bruce C. Ryan.Responses due by 4/16/2021 (Katz, Stuart) |
| Filing 4 MOTION for Temporary Restraining Order by Richard H. Kreger, RHK Capital, LLC, Bruce C. Ryan. (Attachments: #1 Memorandum in Support of Temporary Restraining Order)(Katz, Stuart) |
| Filing 3 AFFIDAVIT re #1 Complaint Declaration of Bruce C. Ryan Signed By Bruce C. Ryan filed by Richard H. Kreger, RHK Capital, LLC, Bruce C. Ryan. (Katz, Stuart) |
| Filing 2 NOTICE of Appearance by Stuart M. Katz on behalf of Richard H. Kreger, RHK Capital, LLC, Bruce C. Ryan (Katz, Stuart) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6448044.), filed by RHK Capital, LLC, Bruce C. Ryan, Richard H. Kreger. (Attachments: #1 Civil Cover Sheet, #2 OSJ Manager Ageement)(Katz, Stuart) |
| Judge Charles S. Haight, Jr added. (Nuzzi, Tiffany) |
| Request for Clerk to issue summons as to Advisory Group Equity Services, Ltd, Susan M. Lemoine, William H. McCance, TAG Group, Inc., Trust Advisory Group, Ltd. (Katz, Stuart) |
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