Barry et al v. Wells Fargo Clearing Services, LLC
| Jaylon Ellison, Kim Barry, Chris Chance and Matt Sherbondy |
| Wells Fargo Clearing Services, LLC |
| 1:2021cv01150 |
| March 22, 2021 |
| US District Court for the Northern District of Georgia |
| Alan J Baverman |
| Clarence Cooper |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #17 MOTION to Remand to State Court by Plaintiffs, to Magistrate Judge Alan J. Baverman. (bjh) |
| Filing 21 REPLY to Response to Motion re #17 MOTION to Remand to State Court by Plaintiffs filed by Kim Barry, Chris Chance, Jaylon Ellison, Matt Sherbondy. (Attachments: #1 Exhibit A-Barry FINRA Claim, #2 Exhibit B-Chance FINRA Claim, #3 Exhibit C-Ellison FINRA Claim, #4 Exhibit D-Sherbondy FINRA Claim, #5 Exhibit E-Barry Cover Letter, #6 Exhibit F-Chance Cover Letter, #7 Exhibit G-Ellison Cover Letter, #8 Exhibit H-Sherbondy Cover Letter)(Carlisle, William) |
| Submission of #7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending, to Magistrate Judge Alan J. Baverman. (bjh) |
| Filing 20 RESPONSE in Opposition re #12 First MOTION for Leave to File Motion for leave to amend or dismiss filed by Wells Fargo Clearing Services, LLC. (Attachments: #1 Ex A - Barnett Affidavit, #2 Ex B - Dooley Affidavit, #3 Ex C - Proposed Order)(Barnett, Keith) |
| Filing 19 REPLY BRIEF re #7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending filed by Wells Fargo Clearing Services, LLC. (Attachments: #1 Ex A - Barnett Affidavit, #2 Ex B - Dooley Affidavit, #3 Ex C - Proposed Order)(Barnett, Keith) |
| Filing 18 RESPONSE in Opposition re #17 MOTION to Remand to State Court by Plaintiffs filed by Wells Fargo Clearing Services, LLC. (Attachments: #1 Ex A - Barnett Affidavit, #2 Ex B - Dooley Affidavit, #3 Ex C - Proposed Order)(Barnett, Keith) |
| Filing 17 MOTION to Remand to State Court by Plaintiffs with Brief In Support by Kim Barry, Chris Chance, Jaylon Ellison, Matt Sherbondy. (Attachments: #1 Brief & Memorandum of Law, #2 Exhibit A-02/26/2021 Amended Complaint, #3 Exhibit B-Original Complaint, #4 Exhibit C-WFCS Agreements, #5 Exhibit D-IRS Analysis)(Carlisle, William) |
| Filing 16 RESPONSE re #7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending filed by Kim Barry, Chris Chance, Jaylon Ellison, Matt Sherbondy. (Attachments: #1 Exhibit A-03/02/2021 S. Ct. Order, #2 Exhibit B-FINRA Claim-Sherbondy, #3 Exhibit C-FINRA Claim-Chance, #4 Exhibit D-FINRA Claim-Ellison, #5 Exhibit E-Offer Summary, #6 Exhibit F-WFCS Agreements, #7 Exhibit G-IRS Loan Analysis Memo)(Carlisle, William) |
| Filing 15 MOTION for Leave to File Amended Memorandum to Motion for Leave to Amend Complaint with Brief In Support by Kim Barry, Chris Chance, Jaylon Ellison, Matt Sherbondy. (Attachments: #1 Exhibit A-Original Complaint, #2 Exhibit B-1st Amended Complaint, #3 Exhibit C-FINRA Claim-Sherbondy, #4 Exhibit D-FINRA Claim-Chance, #5 Exhibit E-FINRA Claim-Ellison, #6 Exhibit F-03/02/2021 Sup.Ct. Order, #7 Exhibit G-WFCS Motion to Compel Arbitration, #8 Exhibit WFCS Offer Summary-Sherbondy, #9 Exhibit I-WFCS Agreements, #10 Exhibit J-IRS Loan Analysis Memo)(Carlisle, William) |
Filing 14
ORDER : it is hereby ORDERED that within TEN (10) DAYS of this Order, Plaintiffs SHALL amend the motion for leave to amend the complaint to properly label the exhibits. Failure to timely comply with this Order may result in sanctions, up to and including the striking of pleadings. The time for Defendant to respond to the motion will not begin to run until Plaintiffs have properly labeled the exhibits. The Clerk is DIRECTED to re-submit this Order to the undersigned for further consideration if Plaintiffs fail to comply within the specified time. Signed by Magistrate Judge Alan J. Baverman on 4/19/21. (bjh)
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Filing 13
ORDER granting #10 Motion for Extension of Time until 4/23/21 to respond to #7 Motion to Compel Arbitration. Signed by Magistrate Judge Alan J. Baverman on 4/19/21. (bjh)
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| Filing 12 First MOTION for Leave to File Motion for leave to amend or dismiss with Brief In Support by Chris Chance. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Carlisle, William) |
| Filing 11 RESPONSE in Opposition re #10 First MOTION for Extension of Time respond to motion to compel arbitration re: #7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending Motion filed by Wells Fargo Clearing Services, LLC. (Barnett, Keith) |
| Filing 10 First MOTION for Extension of Time respond to motion to compel arbitration re: #7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending Motion with Brief In Support by Kim Barry. (Attachments: #1 Text of Proposed Order)(Carlisle, William) |
| Submission of #7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending, to Magistrate Judge Alan J. Baverman. (bjh) |
| Filing 9 NOTICE by Wells Fargo Clearing Services, LLC re #8 Order,, Set Submission Deadline, (Attachments: #1 Exhibit 1 - Gwinnett County Complaint, #2 Exhibit 2 - Summons, #3 Exhibit 3 - Motion to Compel Arbitration, #4 Exhibit 4 - Answer to Complaint, #5 Exhibit 5 - Rule Nisi, #6 Exhibit 6 - Opposition to Motion to Compel Arbitration, #7 Exhibit 7 - Amended Complaint, #8 Exhibit 8 - Court Order)(Barnett, Keith) |
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Filing 8
ORDER: it is hereby ORDERED that within TEN (10) DAYS of this Order, Defendant SHALL amend the notice of removal to properly label the exhibits. Failure to timely comply with this Order may result in sanctions, up to and including the striking of pleadings. The Clerk is DIRECTED to re-submit this Order to the undersigned for further consideration if Defendant fails to comply within the specified time. Signed by Magistrate Judge Alan J. Baverman on 4/8/21. (bjh)
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| Clerks Notation re #5 Certificate of Interested Persons--Reviewed and approved by Magistrate Judge Alan J. Baverman on 3/30/2021. (cp) |
| Filing 7 MOTION to Compel Arbitration and Stay This Lawsuit While the Arbitrations are Pending with Brief In Support by Wells Fargo Clearing Services, LLC. (Attachments: #1 Brief in Support, #2 Ex A - Affidavit of Carolyn LaMar, #3 Ex B - Affidavit of Keith Barnett, #4 Ex C - Affidavit of Kaylan Meaza, #5 Ex D - Affidavit of Chris Ragsdale, #6 Ex E - Affidavit of Angela Gilliland, #7 Ex F - Affidavit of Mike Sinacore)(Barnett, Keith) |
| Filing 6 DEFENDANT WELLS FARGO CLEARING, LLC'S ANSWER to #3 Amended Complaint PLAINTIFFS' AMENDED COMPLAINT by Wells Fargo Clearing Services, LLC.(Barnett, Keith) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Wells Fargo Clearing Services, LLC identifying Corporate Parent Wells Fargo & Company, Other Affiliate Wachovia Securities Financial Holdings, LLC, Other Affiliate EVEREN Capital Corporation, Other Affiliate Wells Fargo Investment Group, Inc. for Wells Fargo Clearing Services, LLC. (Barnett, Keith) |
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Filing 4
ELEVENTH 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 3/9/2021. (eop)
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| Filing 3 AMENDED COMPLAINT against Wells Fargo Clearing Services, LLC filed by Kim Barry, Chris Chance, Matt Sherbondy and Jaylon Ellison. (Filed in Superior Court and included with Notice of Removal)(eop) 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 2 ANSWER to #1 NOTICE OF REMOVAL by Wells Fargo Clearing Services, LLC. Discovery ends on 8/19/2021. (Filed in Superior Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Wells Fargo Clearing Services, LLC. (Filing fee $ 402.00 receipt number AGANDC-10843392) (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)(eop) 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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