Zimmerman v. Matson Money, Inc. et al
| Susan Zimmerman, Dino D'Addario, Jana Heaton, Jay Desai, Moya Neville, Tammy Wojcik and Wesley Berkey |
| Matson Money, Inc., Christopher W. Burns, Investus Advisers LLC doing business as Dynamic Money LLC, Investus Financial LLC and Peer Connect LLC |
| 1:2020cv04409 |
| October 28, 2020 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 61 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Susan Zimmerman.(Doss, Jason) |
| Filing 60 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Tammy Wojcik.(Doss, Jason) |
| Filing 59 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Moya Neville.(Doss, Jason) |
| Filing 58 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Jana Heaton.(Doss, Jason) |
| Filing 57 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Jay Desai.(Doss, Jason) |
| Filing 56 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Dino D'Addario.(Doss, Jason) |
| Filing 55 CERTIFICATE OF SERVICE Responses and Objections to Matson Money's First Set of Discovery Requests by Wesley Berkey.(Doss, Jason) |
Filing 54
CONSENT PROTECTIVE ORDER. Signed by Judge William M. Ray, II on 09/15/2021. (ayw)
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| Filing 53 Joint MOTION for Protective Order Regarding Confidential Information by Matson Money, Inc.. (Attachments: #1 Exhibit A)(Ambler, Robert) |
| Filing 52 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s Objections and Responses to Plaintiffs' First Request for Production of Documents by Matson Money, Inc..(Ambler, Robert) |
| Filing 51 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s Objections and Responses to Plaintiffs' First Interrogatories by Matson Money, Inc..(Ambler, Robert) |
| Filing 50 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Susan Zimmerman by Matson Money, Inc..(Ambler, Robert) |
| Filing 49 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Tammy Wojcik by Matson Money, Inc..(Ambler, Robert) |
| Filing 48 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Moya Neville by Matson Money, Inc..(Ambler, Robert) |
| Filing 47 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Jana Heaton by Matson Money, Inc..(Ambler, Robert) |
| Filing 46 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Jay Desai by Matson Money, Inc..(Ambler, Robert) |
| Filing 45 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Dino D'Addario by Matson Money, Inc..(Ambler, Robert) |
| Filing 44 CERTIFICATE OF SERVICE of Defendant Matson Money, Inc.'s First Set of Discovery to Plaintiff Wesley Berkey by Matson Money, Inc..(Ambler, Robert) |
| Filing 43 CERTIFICATE OF SERVICE of Initial Disclosures by Matson Money, Inc..(Ambler, Robert) |
| Filing 42 Initial Disclosures by Wesley Berkey, Dino D'Addario, Jay Desai, Jana Heaton, Moya Neville, Tammy Wojcik, Susan Zimmerman.(Doss, Jason) |
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Filing 41
SCHEDULING ORDER re: #32 Joint Preliminary Report and Discovery Plan. Upon the Parties' consent, this action is scheduled for a twelve (12) month discovery period. Signed by Judge William M. Ray, II on 7/14/2021. (cmd)
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| Filing 40 CERTIFICATE OF SERVICE of Discovery by Wesley Berkey, Dino D'Addario, Jay Desai, Jana Heaton, Moya Neville, Tammy Wojcik, Susan Zimmerman.(Doss, Jason) |
| Filing 39 ANSWER to #16 Amended Complaint by Matson Money, Inc.. Discovery ends on 11/29/2021.(Ambler, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 38
ORDER GRANTING #37 Consent Motion for Extension of Time to Answer. Matson Money, Inc.'s deadline to answer Plaintiffs' Amended Complaint is hereby EXTENDED up through and including June 30, 2021. Signed by Judge William M. Ray, II on 6/23/2021. (cmd) Modified on 6/23/2021 to edit text. (cmd)
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| Filing 37 Consent MOTION for Extension of Time to File Answer re #16 Amended Complaint, by Matson Money, Inc.. (Attachments: #1 Text of Proposed Order)(White, Brendan) |
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Filing 36
ORDER: The Motion to Dismiss is DENIED in part and GRANTED in part. [Doc. #25 ]. Plaintiffs' and Class Members' claims against Matson Money for breach of fiduciary duty, negligence, and negligence per se remain in the action. Because these claims have not been dismissed and may proceed for further factual development, the claims for attorney's fees and punitive damages necessarily survive. The claims for breach of contract and violations of the Georgia Securities Act are DISMISSED. Signed by Judge William M. Ray, II on 6/9/2021. (cmd)
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| Filing 35 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 3/29/2021. The #25 Motion to Dismiss for Failure to State a Claim was TAKEN UNDER ADVISEMENT. The Court heard oral argument via Zoom and will review the matter further. The Court anticipates ruling around the end of April. (Court Reporter Wynette Blathers)(cmd) |
| Submission of #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' First Amended Complaint, to District Judge William M. Ray, II. (cmd) |
| Zoom instructions re #26 Notice of Hearing: https://ganduscourts.zoomgov.com/j/1609741728 Meeting ID: 160 974 1728 Phone: 1 646 828 7666 Password: 1705 (jkl) |
| Filing 34 REPLY BRIEF re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' First Amended Complaint filed by Matson Money, Inc.. (Ambler, Robert) |
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Filing 33
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (rvb) (ADI)
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| Filing 32 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Matson Money, Inc.. (Ambler, Robert) |
| Filing 31 RESPONSE in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' First Amended Complaint filed by Wesley Berkey, Dino D'Addario, Jay Desai, Jana Heaton, Moya Neville, Tammy Wojcik, Susan Zimmerman. (Doss, Jason) |
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Filing 30
ORDER GRANTING #29 Motion for Leave to File Excess Pages. Plaintiffs' response to Matson Money's Motion to Dismiss (Dkt. #25 ) may not exceed thirty-five (35) pages in length. Signed by Judge William M. Ray, II on 3/3/2021. (cmd)
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| Filing 29 Consent MOTION for Leave to File Excess Pages by Wesley Berkey, Dino D'Addario, Jay Desai, Jana Heaton, Moya Neville, Tammy Wojcik, Susan Zimmerman. (Port, Robert) |
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Filing 28
ORDER GRANTING #27 Consent Motion for Extension of Time. The time within which Plaintiffs may respond to Defendant Matson Money Inc.'s #25 Motion is extended through and including March 8, 2021. Signed by Judge William M. Ray, II on 2/18/2021. (cmd)
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| Filing 27 Consent MOTION for Extension of Time to Respond to Motion to Dismiss re: #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wesley Berkey, Dino D'Addario, Jay Desai, Jana Heaton, Moya Neville, Tammy Wojcik, Susan Zimmerman. (Port, Robert) Modified on 2/19/2021 to edit text. (cmd) |
| Filing 26 NOTICE of Hearing on Motion re: #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Hearing set for 3/29/2021 at 01:30 PM on ZOOM VIDEO before Judge William M. Ray, II. Instructions for Zoom video will be sent separately from the docket. (cmd) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' First Amended Complaint with Brief In Support by Matson Money, Inc.. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Ambler, Robert) |
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Filing 24
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (aaq) (ADI)
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Filing 23
ORDER granting #22 Motion for Leave to File Excess Pages. Accordingly, Matson Money, in response to Plaintiffs Amended Complaint, is granted PERMISSION to file a brief in support of a motion that is up to thirty-five (35) pages in length. Signed by Judge William M. Ray, II on 1/21/21. (ah)
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| Filing 22 Consent MOTION for Leave to File Excess Pages by Matson Money, Inc.. (Attachments: #1 Text of Proposed Order)(Ambler, Robert) |
| Filing 21 NOTICE by Matson Money, Inc. Joint Statement Regarding Restrictions on Communications with Putative Class Members (Ambler, Robert) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Wesley Berkey, Tammy Wojcik, Jay Desai, Susan Zimmerman, Dino D'Addario, Jana Heaton, Moya Neville. Matson Money, Inc. waiver mailed on 12/11/2020, answer due 2/9/2021. (Doss, Jason) |
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Filing 19
ORDER granting Petitioner Spencer S. Cowan #15 Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 12/15/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ah)
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Filing 18
ORDER granting Petitioner Russell S. Sayre #14 Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 12/15/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ah)
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| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Spencer S. Cowan Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10476076).. Attorney Spencer Shields Cowan added appearing on behalf of Matson Money, Inc. (nmb) |
| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Russell S. Sayre Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10476021).. Attorney Russell S. Sayre added appearing on behalf of Matson Money, Inc. (nmb) |
| Filing 17 Certificate of Interested Persons by Wesley Berkey, Dino D'Addario, Jay Desai, Jana Heaton, Moya Neville, Tammy Wojcik, Susan Zimmerman. (Port, Robert) |
| Filing 16 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Susan Zimmerman.(Doss, Jason) 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. |
| Filing 15 APPLICATION for Admission of Spencer S. Cowan Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10476076).by Matson Money, Inc.. (Ambler, Robert) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 APPLICATION for Admission of Russell S. Sayre Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10476021).by Matson Money, Inc.. (Ambler, Robert) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 13
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI)
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| Filing 12 Certificate of Interested Persons and Corporate Disclosure Statement by Matson Money, Inc.. (Ambler, Robert) Modified to edit text on 12/8/2020 (ah). |
| Filing 11 NOTICE of Appearance by Brendan Hanner White on behalf of Matson Money, Inc. (White, Brendan) |
| Filing 10 NOTICE of Appearance by Robert Riles Ambler, Jr on behalf of Matson Money, Inc. (Ambler, Robert) |
| Filing 9 Electronic Summons Issued as to Christopher W. Burns, Investus Advisers LLC, Investus Financial LLC, Matson Money, Inc., Peer Connect LLC. (Attachments: #1 Summons Christopher Burns, #2 Summons Investus Advisors, #3 Summons Investus Financial, #4 Summons Peer Connect)(ah) |
| Filing 8 PROPOSED SUMMONS filed by Susan Zimmerman Peer Connect LLC (Doss, Jason) |
| Filing 7 PROPOSED SUMMONS filed by Susan Zimmerman Investus Financial LLC (Doss, Jason) |
| Filing 6 PROPOSED SUMMONS filed by Susan Zimmerman Investus Advisors LLC (Doss, Jason) |
| Filing 5 PROPOSED SUMMONS filed by Susan Zimmerman Christopher Burns (Doss, Jason) |
| Filing 4 PROPOSED SUMMONS filed by Susan Zimmerman Matson Money, Inc. (Doss, Jason) |
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Filing 3
Standing Order Regarding Civil Litigation. Signed by Judge William M. Ray, II on 10/29/2020. (ah)
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Filing 2
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/2020. (tcc)
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| Filing 1 COMPLAINT with Jury Demand filed by Susan Zimmerman. (Filing fee $400, receipt number AGANDC-10315373) (Attachments: #1 Civil Cover Sheet)(tcc) 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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