401k Safe LLC v. Pinnacle Financial Services Inc
401k Safe, LLC |
PINNACLE FINANCIAL SERVICES, INC. |
9:2021cv80558 |
March 16, 2021 |
US District Court for the Southern District of Florida |
West Palm Beach Office |
Roy K Altman |
Dave Lee Brannon |
Contract: Other |
28 U.S.C. § 1441 |
None |
Docket Report
This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.
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Filing 68 ANSWER and Affirmative Defenses to Complaint by PINNACLE FINANCIAL SERVICES, INC.. Attorney Seth Adam Kolton added to party PINNACLE FINANCIAL SERVICES, INC.(pty:dft). (Kolton, Seth) |
Filing 67 NOTICE of Voluntary Dismissal by 401k Safe, LLC. Attorney Stephen Carey Villeneuve added to party 401k Safe, LLC(pty:pla). (Villeneuve, Stephen) |
Filing 66 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Miscellaneous Hearing held on 4/1/2021. Total time in court: 0 hour(s) : 15 minutes. Attorney Appearance(s): Walter Francis Scott, III, William K. Hancock, Jeffrey D. Dyess, Marc J. Gross, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) |
Filing 65 PAPERLESS NOTICE of Hearing: Status Conference set for 4/1/2021 10:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. The hearing will be held via Zoom videoconference. Meeting ID: 161 2752 2255 Password: 7777. (mpt) |
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Filing 63 Bar Letter re: Admissions sent to attorney Walter Scott, William Hancock, James Adams, Jeffrey Dyess, Marc Gross, mailing date 03/16/2021, (cco) |
Filing 62 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
Filing 61 Case transferred in from Alabama Northern; Case Number 2:20-cv-00300. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 58 REPLY to Response to Motion re #54 MOTION to Strike Declaration of Theodore Key filed by 401k Safe LLC. (Scott, Walter) |
Filing 57 RESPONSE in Opposition re #54 MOTION to Strike Declaration of Theodore Key filed by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Theodore Key)(Adams, James) |
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Filing 54 MOTION to Strike Declaration of Theodore Key by 401k Safe LLC. (Hancock, William) |
Filing 53 REPLY to Response to Motion re #38 MOTION for Bond to Recover Against Bond filed by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit 1 - Declaration of Theodore Key)(Adams, James) |
Filing 52 REPLY to Response to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, to Transfer This Action filed by Pinnacle Financial Services Inc. (Adams, James) |
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Filing 49 NOTICE of Appearance by William K Hancock on behalf of 401k Safe LLC (Hancock, William) |
Filing 48 RESPONSE in Opposition re #37 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, to Transfer This Action filed by 401k Safe LLC. (Hancock, William) |
Filing 47 RESPONSE in Opposition re #38 MOTION for Bond to Recover Against Bond filed by 401k Safe LLC. (Hancock, William) |
Filing 46 Evidentiary Material IN SUPPORT OF 401K SAFE LLC'S RESPONSE TO PINNACLE FINANCIAL SERVICES LLCS MOTION TO DISMISS OR TRANSFER AND ITS MOTION TO RECOVER AGAINST THE BOND. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10-1, #11 Exhibit 10-2)(Hancock, William) |
Filing 45 Transcript of Proceedings held on 3/30/2020, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah Turner. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020. (KEK) |
Filing 44 Transcript of Proceedings held on 3/25/2020, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah Turner. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020. (KEK) |
Filing 43 Transcript of Proceedings held on 3/24/2020, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah Turner. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020. (KEK) |
Filing 42 Transcript of Proceedings held on 3/23/2020, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020. (KEK) |
Filing 41 Transcript of Proceedings held on 3/9/2020, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah Turner. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020. (KEK) |
Filing 40 Transcript of Proceedings held on 3/5/2020, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah Turner. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020. (KEK) |
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Filing 38 MOTION for Bond to Recover Against Bond by Pinnacle Financial Services Inc. (Adams, James) |
Filing 37 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, to Transfer This Action by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit Declaration of T. Key)(Dyess, Jeffrey) |
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Filing 35 REPLY to re 21 , #17 Supplement to Motion for Admission PHV of Marc J. Gross filed by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit Updated Certificate of Good Standing)(Dyess, Jeffrey) |
Filing 34 First MOTION for Extension of Time Unopposed by Pinnacle Financial Services Inc. (Adams, James) |
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Filing 32 MOTION for Leave to File by 401k Safe LLC. (Attachments: #1 exhibit emails)(Scott, Walter) |
Filing 31 Evidentiary Material March 30, 2020 Hearing Exhibit List. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Dyess, Jeffrey) |
Filing 30 MOTION re 23 Order,, Set Hearings, Motion to Adopt Adverse Inference by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit Exh 1 - March 230, 2020 Letter of PFS Counsel M Gross)(Dyess, Jeffrey) |
Filing 29 MOTION for Leave to File evidence for hearing by 401k Safe LLC. (Attachments: #1 Exhibit)(Scott, Walter) |
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephonic Evidentiary Hearing held on 3/30/2020. Plff's testimony. Oral arguments. Court's findings stated on the record. Adj. (Court Reporter Leah Turner.) (YMB) |
Filing 28 BOND; Supersedeas Bond APPROVED by CLERK in the amount of $ 100,000.00 posted by by 401k Safe LLC. (KEK) |
Filing 27 NOTICE by 401k Safe LLC Notice of Filing of Bond (Scott, Walter) |
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Filing 25 NOTICE by 401k Safe LLC Notice of Efforts to Obtain Bond (Attachments: #1 Exhibit Ex A)(Scott, Walter) |
Filing 24 Emergency MOTION for Bond to Compel Compliance with Order Requiring Bond by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit Declaration of M. Gross)(Dyess, Jeffrey) |
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 3/25/2020. (Court Reporter Leah Turner.) (YMB) |
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Filing 20 Second MOTION for Leave to File Motion to Allow Introduction of Evidence by 401k Safe LLC. (Scott, Walter) |
Filing 19 RESPONSE in Opposition re #15 Emergency MOTION to Expedite to Allow 401k Safe to Transfer Plans to Third Parties for Plan Administration and Cross-Motion to Vacate Temporary Restraining Order as to Defendant filed by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit Declaration of M. Salerno)(Dyess, Jeffrey) |
Filing 18 MOTION for Leave to File Motion to Allow Introduction of Evidence by 401k Safe LLC. (Scott, Walter) |
Filing 17 MOTION for Leave to Appear Pro Hac Vice for Marc J. Gross by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Exhibit 2 - Declaration of Marc Gross ISO Motion for PHV)(Dyess, Jeffrey) |
PHV Fee paid for Marc J. Gross in the amount of $75.00, receipt number B4601104996. (JLC) |
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephonic Evidentiary Hearing held on 3/24/2020. (Court Reporter Leah Turner.) (YMB) |
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Filing 15 Emergency MOTION to Expedite to Allow 401k Safe to Transfer Plans to Third Parties for Plan Administration by 401k Safe LLC. (Attachments: #1 Affidavit Affidavit of Jim Sharp)(Scott, Walter) |
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 3/23/2020. (Court Reporter Teresa Roberson.) (YMB) |
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Filing 12 REPLY to re #7 , #10 Defendant's Reply on Doc 7 and Opposition to Doc 10 filed by Pinnacle Financial Services Inc. (Dyess, Jeffrey) |
Filing 11 STATUS REPORT (Joint) by Pinnacle Financial Services Inc. filed by Pinnacle Financial Services Inc (Dyess, Jeffrey) |
Filing 10 MOTION for Bond by 401k Safe LLC. (Scott, Walter) |
Filing 9 ***Document Sealed - Declaration of Michael Salerno by Pinnacle Financial Services Inc. (KEK) |
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Filing 7 MOTION for Bond on Temporary Restraining Order by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit Decl. of M. Salerno (to be filed under seal))(Dyess, Jeffrey) |
Filing 6 MOTION to Seal Document and for Protective Order by Pinnacle Financial Services Inc. (Dyess, Jeffrey) |
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Filing Fee: Filing fee $ 400, receipt_number 1126-3554089 (ALND B4601104727) related document #1 NOTICE OF REMOVAL by Pinnacle Financial Services Inc from Circuit Court of Jefferson County, Alabama, case number 01-cv-2020-900762, filed by Pinnacle Financial Services Inc. (Attachments: # 1 Exhibit 1)(KEK). (Adams, James) Modified on 3/10/2020 (KEK). |
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 3/9/2020. (Court Reporter Leah Turner.) (YMB) |
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Filing 3 Opposition to re #2 Amended and Corrected Oppotion to Motion for Temporary Restraining Order filed by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dyess, Jeffrey) |
Filing 2 Brief re #1 Notice of Removal Opposition to Motion for Temporary Restraining Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dyess, Jeffrey) |
Filing 1 NOTICE OF REMOVAL by Pinnacle Financial Services Inc from Circuit Court of Jefferson County, Alabama, case number 01-cv-2020-900762, filed by Pinnacle Financial Services Inc. (Attachments: #1 Exhibit 1)(KEK) |
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 3/5/2020. (Court Reporter Leah Turner.) (YMB) |
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