Harris et al v. Mercer Global Advisors, Inc. et al
| Vicki Harris and Michael Harris |
| Mercer Global Advisors, Inc., E*TRADE Savings Bank and E*TRADE Securities, LLC |
| 1:2023cv01675 |
| April 14, 2023 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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This docket was last retrieved on March 31, 2024. A more recent docket listing may be available from PACER.
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Filing 16
FIRST AMENDED COMPLAINT against E*TRADE Savings Bank, E*TRADE Securities, LLC, Mercer Global Advisors, Inc. filed by Vicki Harris, Michael Harris.(rlh) 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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ORDER: For good cause shown, Plaintiffs' unopposed Motion for Leave to File First Amended Complaint ECF #11 is GRANTED. The Clerk is directed to docket the Proposed First Amended Complaint [ECF 11-1]. Defendants' motions to dismiss ECFs #3 and #4 are DENIED as moot. Approved by Judge Steven D. Grimberg on 6/12/23. (rlh)
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SCHEDULING ORDER: On review of the Joint Preliminary Report and Discovery Plan #14 , the Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified. Plaintiffs and Defendant E*TRADE have agreed to arbitrate and stay this matter pending that arbitration. Accordingly, all deadlines as they pertain to Plaintiffs and E*TRADE are hereby STAYED. Regarding Plaintiffs and Defendant Mercer, discovery will end on January 22, 2024. Dispositive motions must be filed by February 21, 2024. If a dispositive motion is not filed, the Consolidated Pre-Trial Order must be filed by March 7, 2024, otherwise the Consolidated Pre-Trial Order will be due 30 days after the Court's ruling on any dispositive motions. Approved by Judge Steven D. Grimberg on 6/12/23. (rlh)
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ORDER: Local Rule 3.3, NDGa, provides that counsel must file a certificate of interested persons or corporate disclosure statement at the time of first appearance. A review of the docket in this action indicates that Plaintiffs have not complied with this requirement. Within 7 days of this Order, Plaintiffs are ORDERED to file their certificate of interested persons and corporate disclosure statement. The Clerk is INSTRUCTED to resubmit this docket entry to the Court after 7 days. APPROVED by Judge Steven D. Grimberg on 06/05/2023. (slc)
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Filing 15
Certificate of Interested Persons and Corporate Disclosure Statement by Mercer Global Advisors, Inc. identifying Corporate Parent Mercer Advisors Intermediate Holdings Inc. for Mercer Global Advisors, Inc.. (Nichols, Alan)
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Defendants' time to reply to Plaintiffs' response to the Motion to Dismiss is extended. Defendants Reply deadline is June 16, 2023. APPROVED by Judge Steven D. Grimberg on 05/25/2023. (slc)
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Filing 14
Proposed JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Michael Harris, Vicki Harris. (Bassett, Leslie)
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Filing 13
RESPONSE in Opposition re #4 MOTION to Dismiss filed by Michael Harris, Vicki Harris. (Bassett, Leslie)
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Filing 12
RESPONSE re #3 MOTION to Dismiss or Alternatively MOTION to Compel Arbitration and Stay Action filed by Michael Harris, Vicki Harris. (Bassett, Leslie)
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Filing 11
MOTION for Leave to File First Amended Complaint with Brief In Support by Michael Harris, Vicki Harris. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Bassett, Leslie)
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ORDER: For good cause shown, Plaintiffs Amended Motion for Extension of Time (ECF #10 ) is GRANTED. Plaintiffs Motion for Extension of Time (ECF #9 ) is DENIED AS MOOT. Plaintiffs response to Defendants Motion to Dismiss is due on May 19, 2023. All other deadlines related to Defendants Motion to Dismiss are set forth in the Federal Rules of Civil Procedure and the Local Rules of this Court. APPROVED by Judge Steven D. Grimberg on 05/03/2023. (slc) Modified to edit text on 5/4/2023 (aaq).
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Filing 10
Amended MOTION for Extension of Time Plaintiffs Amended Unopposed Motion for Extension Of Time In Relation to Defendant E*Trade Securities, Llcs Motion To Dismiss, Or Alternatively, to Compel Arbitration And Stay Action; And Defendant Mercer Global Advisors Inc.s Motion to Dismiss re: #3 MOTION to Dismiss or Alternatively MOTION to Compel Arbitration and Stay Action, #4 MOTION to Dismiss by Michael Harris, Vicki Harris. (Attachments: #1 Text of Proposed Order)(Bassett, Leslie)
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Filing 9
Unopposed MOTION for Extension of Time In Relation to Defendant E*Trade Securities, Llcs Motion To Dismiss, Or Alternatively, To Compel Arbitration And Stay Action; And Defendant Mercer Global Advisors Inc.s Motion To Dismiss re: #3 MOTION to Dismiss or Alternatively MOTION to Compel Arbitration and Stay Action, #4 MOTION to Dismiss by Michael Harris, Vicki Harris. (Attachments: #1 Text of Proposed Order)(Bassett, Leslie)
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ORDER granting #6 Application of Jodi Benassi for Admission Pro Hac Vice as directed by the Office of the Clerk. APPROVED by Judge Steven D. Grimberg on 04/27/2023. 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.(slc)
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ORDER granting #7 Application of Kurt A. Kappes for Admission Pro Hac Vice as directed by the Office of the Clerk. APPROVED by Judge Steven D. Grimberg on 04/27/2023. 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.(slc)
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APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Kurt A. Kappes Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12556344). Attorney Kurt A. Kappes added appearing on behalf of E*TRADE Securities, LLC. (rvb)
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APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Jodi Benassi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12556013). Attorney Jodi Benassi added appearing on behalf of Mercer Global Advisors, Inc. (rvb)
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Filing 8
Certificate of Interested Persons and Corporate Disclosure Statement by E*TRADE Securities, LLC identifying Corporate Parent ETCM Holdings, LLC for E*TRADE Securities, LLC. (Browning, James)
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Filing 7
APPLICATION for Admission of Kurt A. Kappes Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12556344). with Brief In Support by E*TRADE Securities, LLC. (Browning, James) Documents for this entry are not available for viewing outside the courthouse.
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Filing 6
APPLICATION for Admission of Jodi Benassi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12556013). with Brief In Support by Mercer Global Advisors, Inc.. (Nichols, Alan) Documents for this entry are not available for viewing outside the courthouse.
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Filing 5
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kurt A. Kappes. Clerk to follow-up by 5/2/2023. (rvb)
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Filing 4
MOTION to Dismiss with Brief In Support by Mercer Global Advisors, Inc.. (Attachments: #1 Text of Proposed Order)(Nichols, Alan)
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Filing 3
MOTION to Dismiss or Alternatively, MOTION to Compel Arbitration and Stay Action with Brief In Support by E*TRADE Securities, LLC. (Attachments: #1 Exhibit Ex. A - Exhibit A to Pls.' Complaint, #2 Exhibit Ex. B - Walsh Account Application, #3 Exhibit Ex. C - Operative Customer Agreement, #4 Exhibit Ex. D - Declaration of Erik Renga)(Browning, James)
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Filing 2
NOTICE Of Filing Civil Cover Sheet by Mercer Global Advisors, Inc. re #1 Notice of Removal, (Nichols, Alan)
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Filing 1
NOTICE OF REMOVAL with COMPLAINT filed by Mercer Global Advisors, Inc. (Filing fee $ 402 receipt number AGANDC-12531650) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 E*TRADE Securities LLC Notice of Consent to Removal)(kng) 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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