Modera Wealth Management, LLC v. Wright et al
| Modera Wealth Management, LLC |
| Brandy Wright and Blake Financial Counsel, LLC |
| 1:2019cv03884 |
| August 28, 2019 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Contract: Other |
| Plaintiff |
Docket Report
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| Filing 29 STIPULATION of Dismissal With Prejudice of the Parties by Modera Wealth Management, LLC. (Long-Daniels, David) |
| Filing 28 TRANSCRIPT of Proceedings held on 9/10/2019, before Judge Leigh Martin May. Court Reporter Montrell Vann. Transcript may be purchased through the Court Reporter at Montrell_Vann@gand.uscourts.gov. Redaction Request due 8/19/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/27/2020. (Attachments: #1 Appendix Notice of Filing of Transcript) (mv) |
Filing 27
ORDER: This case comes before the Court on Plaintiff's Motion for Expedited Discovery #3 , Defendants' Motion to Compel Arbitration #24 , and Defendants' Motion to Stay Pretrial Deadlines and Discovery #26 . Defendants have argued that all claims against them are arbitrable under the parties' Employment Agreement, and that there are no external legal constraints that would foreclose arbitration. See Dkt. No. [ #24 -1] at 4-5, 10. Because both of Defendants' motions are unopposed, Defendants' Motion to Compel Arbitration #24 and its Motion to Stay Pretrial Deadlines and Discovery #26 are GRANTED. This case is STAYED pending arbitration. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this action pending the parties' arbitration. The parties are DIRECTED to petition the Court to reopen this matter following arbitration, if required. In the event the action is resolved prior to completion of said arbitration proceedings, the parties shall notify this Court as soon as practicable and dismiss the above-captioned case. Further, Plaintiff's Motion for Expedited Discovery is DENIED as MOOT without prejudice and the right to refile. Signed by Judge Leigh Martin May on 10/8/2019. (tmf)
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| Civil Case Terminated. (tmf) |
| Submission of #24 MOTION to District Judge Leigh Martin May. (tmf) |
| Submission of #3 MOTION for Discovery, to District Judge Leigh Martin May. (tmf) |
| Filing 26 MOTION to Stay Pretrial Deadlines and Discovery with Brief In Support by Blake Financial Counsel, LLC, Brandy Wright. (Attachments: #1 Text of Proposed Order)(Meeks, Jo) |
| Filing 25 Defendants' ANSWER to #1 COMPLAINT by Blake Financial Counsel, LLC, Brandy Wright. Discovery ends on 2/18/2020.(Meeks, Jo) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 24 MOTION to Compel Arbitration and to Dismiss This Action or Alternatively to Stay Any Non-Arbitrable Claims with Brief In Support by Blake Financial Counsel, LLC, Brandy Wright. (Attachments: #1 Brief Memorandum Supporting Motion to Compel Arbitration and to Dismiss This Action or Alternatively to Stay Any Non-Arbitrable Claims, #2 Text of Proposed Order)(Meeks, Jo) . Added MOTION to Stay on 9/18/2019 (tmf). |
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Filing 23
ORDER: Plaintiff Modera Wealth Management's Motion for Temporary Restraining Order #2 is DENIED. See order for specifics. Signed by Judge Leigh Martin May on 9/12/2019. (tmf)
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| Filing 22 RESPONSE re #3 MOTION for Discovery filed by Blake Financial Counsel, LLC, Brandy Wright. (Meeks, Jo) |
| Filing 21 NOTICE Of Filing by Modera Wealth Management, LLC of Plaintiff's Bench Brief in Opposition to Defendants' Estoppel Argument and In Further Support of TRO #2 (Wilson, Natasha) Modified on 9/12/2019 to add document link(tmf) . |
| Filing 20 Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 9/10/2019 re #2 MOTION for Temporary Restraining Order filed by Modera Wealth Management, LLC. Oral argument was held on Plaintiff's Motion for Temporary Restraining Order #2 . The Court heard from Plaintiff's and Defendants' counsel. The motion was taken under advisement. A written order will follow. (Court Reporter Montrell Vann)(tmf) |
| Filing 19 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Modera Wealth Management, LLC. (Attachments: #1 Exhibit A)(Wilson, Natasha) |
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Filing 18
ORDER granting #14 Motion to Quash - Plaintiff filed a motion for a TRO. After the Court reviewed the motion for the TRO, the Court declined to grant an ex parte TRO and instead ordered Plaintiff to serve Defendants and for Defendants to file a response prior to the hearing. The Court provided notice to the parties that they would have 30 minutes per side to argue the issues in the TRO motion. The Court intended this hearing to allow the parties to address the Court's questions and present oral argument on the motion. The Court had no notice from Plaintiff that it was requesting an evidentiary hearing that would clearly require more time than the 30 minutes per side the Court previously allotted until the Court received Defendants' Motion to Quash the Subpoena issued to Defendant Brandy Wright. This notice came the afternoon prior to tomorrow morning's hearing. Although the Court has the discretion to convert this proceeding into one for a preliminary injunction and allow live testimony, the Court declines to do so at this late date. Entered by Judge Leigh Martin May on 09/09/2019. (LMM)
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| Filing 17 RESPONSE in Opposition re #14 MOTION to Quash Subpoena to Testify at TRO Hearing 9.10.19 filed by Modera Wealth Management, LLC. (Wilson, Natasha) |
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Filing 16
ORDER granting Plaintiff's #15 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on September 10, 2019. Signed by Judge Leigh Martin May on 09/09/2019. (rvb)
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| Filing 15 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Modera Wealth Management, LLC. (Attachments: #1 Text of Proposed Order)(Wilson, Natasha) |
| Filing 14 MOTION to Quash Subpoena to Testify at TRO Hearing 9.10.19 with Brief In Support by Blake Financial Counsel, LLC, Brandy Wright. (Attachments: #1 Brief DEFENDANT WRIGHTS MEMORANDUM IN SUPPORT OF MOTION TO QUASH SUBPOENA, #2 Text of Proposed Order PROPOSED ORDER GRANTING DEFENDANT WRIGHTS MOTION TO QUASH SUBPOENA)(Meeks, Jo) |
| Filing 13 NOTICE of Appearance by David W. Long-Daniels on behalf of Modera Wealth Management, LLC (Long-Daniels, David) |
| Filing 12 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Blake Financial Counsel, LLC, Brandy Wright. (Attachments: #1 Affidavit Exhibit A - Declaration of Brandy K. Wright, #2 Exhibit Exhibit B - Modera Website re Fiduciary Duty, #3 Exhibit Exhibit C - Modera Website re Investment Philosophy and Fees)(Meeks, Jo) |
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MINUTE ORDER: Plaintiff's counsel contacted the Court and indicated it would be filing a response to Defendants' #14 MOTION to Quash Subpoena to Testify at TRO Hearing. Plaintiff shall have until 4:00 PM today to file its response to Defendants' motion. Approved by Judge Leigh Martin May on 09/09/2019. (rvb)
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| Filing 11 AFFIDAVIT of Service for Subpoena for Attendance at Hearing on 9/10/2019 at 11:00 am, as to Brandy Wright. (Wilson, Natasha) |
| Filing 10 Certificate of Interested Persons by Blake Financial Counsel, LLC, Brandy Wright. (Meeks, Jo) |
| Filing 9 NOTICE of Appearance by Jo Lanier Meeks on behalf of Blake Financial Counsel, LLC, Brandy Wright (Meeks, Jo) |
| Clerks Notation re #10 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
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Filing 8
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 9/4/2019. (tmf)
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| Clerks Notation re #7 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by Modera Wealth Management, LLC identifying Corporate Parent Modera Capital, Inc. for Modera Wealth Management, LLC. (Wilson, Natasha) |
| Filing 6 Return of Service Executed by Modera Wealth Management, LLC. Blake Financial Counsel, LLC served on 8/29/2019, answer due 9/19/2019; Brandy Wright served on 8/29/2019, answer due 9/19/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wilson, Natasha) Modified on 8/30/2019 to accurately reflect entry (bdb). |
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Filing 5
ORDER: This case comes before the Court on Plaintiff's Motion for Temporary Restraining Order #2 . The Court ORDERS the parties to appear for a hearing on Plaintiff's Motion on Tuesday, September 10, 2019 at 11:00 a.m., in Courtroom 2107 in the Richard Russell Federal Building, 75 Ted Turner Dr. S.W., Atlanta, GA 30303. Plaintiff is ORDERED to serve Defendants with a copy of this Order, the Complaint, and the pending motions by Wednesday, September 3, 2019. See Fed. R. Civ. P. 4(i). Plaintiff should file proof of service on the docket once Defendants have been served with this Order and the pleadings. Defendants are DIRECTED to file a Response Brief by Monday, September 9 at 11:00 a.m. If for some reason Defendants are unable to comply with this Order, they should alert Ms. Bachelor as soon as possible ((404-215- 1514)). Signed by Judge Leigh Martin May on 8/29/2019. (tmf)
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| Filing 4 Electronic Summons Issued as to Blake Financial Counsel, LLC, Brandy Wright. (Attachments: #1 Summons Blake Financial Counsel)(tmf) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Leigh Martin May. (tmf) |
| Filing 3 MOTION for Expedited Discovery by Modera Wealth Management, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(tmf) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by Modera Wealth Management, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(tmf) |
| Filing 1 COMPLAINT with Jury Demand filed by Modera Wealth Management, LLC. (Filing fee $400, receipt number AGANDC-8897773) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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