Zazzali v. DeWaay et al
| James R. Zazzali |
| DeWaay Parent Corporation, Sam Smiths 1 through 10, Larry W Raudebaugh, Repple Parent Corporation, Charles Weigert, Berthel Fisher & Company Financial Services Inc., Sharee Costlow, DFN Partners, LLC, Girard Parent Corporation, Girard Securities Inc., Turner Parent Corporation, DeWaay Financial Network, Inc., DeWaay Financial Network LLC, BFC Parent Corporation, JP Turner Company LLC, Donald G DeWaay, Jr., Independent Financial Group LLC, Dean Costlow, G.A. Repple & Co. and IFG Parent Corporation |
| Ronald Peterson, Betty Pearson, Wayne Edgerton, Edeltraut Edgerton and Judy Peterson |
| 1:2014cv00418 |
| September 26, 2014 |
| U.S. District Court for the District of Idaho |
| Boise - Southern Office |
| XX US, Outside State |
| Robert J Bryan |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Both |
Docket Report
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This docket was last retrieved on January 3, 2018. A more recent docket listing may be available from PACER.
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Filing 172
ORDER DISMISSING CASE. Plaintiff's Motion to Voluntarily Dismiss, With Prejudice, Claims Against Donald G. DeWaay, Jr. #171 should be granted. All of Plaintiff's claims in the above-captioned action against Defendant Donald G. DeWaay, Jr. should be DISMISSED WITH PREJUDICE, with each party to bear their own attorney's fees and costs. Further, there are no additional parties remaining in this case. This case IS CLOSED. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 171
MOTION to Dismiss Voluntarily, With Prejudice, Defendant Donald G. DeWaay, Jr. Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 1/5/2018 (Duke, Keely)
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Filing 170
ORDER DISMISSING INTERVENORS' CLAIMS WITHOUT PREJUDICE. IT IS ORDERED THAT: Ronald Peterson, Judy Peterson, Wayne Edgerton, and Edeltraut Edgerton's claims ARE DISMISSED WITHOUT PREJUDICE TO SHOW CAUSE for failure to prosecute. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 169
ORDER FOR INTERVENORS TO SHOW CAUSE. IT IS ORDERED THAT: The Clerk is directed to terminate Betty Pearson as an intervenor pursuant to her notice of settlement (Dkt. #45 ). Ronald and Judy Peterson, and Wayne and Edeltraut Edgerton ARE ORDERED TO SHOW CAUSE, in writing, if any they have, on or before October 11, 2017, why their claims should not be dismissed for failure to prosecute. The Clerk is further directed to send uncertified copies of this Order to all counsel of record and any party appearing pro se at said party's last known address. Signed by Judge Robert J. Bryan. Betty Pearson terminated. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
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Filing 168
STATUS REPORT by James R. Zazzali. (Duke, Keely)
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Filing 167
ORDER ON NOTICE OF SETTLEMENT. All deadlines currently set in this case should be stricken. Further, in accord with the Plaintiff's notice, the final settlement paperwork should be filed on or before 12/15/2017. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 166
ORDER REGARDING MOTION TO IMPOSE SANCTIONS. Pursuant to the Court's 28 August 2015 Procedural Order (Dkt. 95), Plaintiff's Motion to Impose Sanctions #164 should be noted for consideration on 13 October 2017, Defendant's response, if any, should be due by 10/9/2017, Plaintiff's reply, if any, should be due by 10/13/2017. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 165
NOTICE of Settlement (Zazzali and DeWaay) by James R. Zazzali (Duke, Keely)
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Set/Reset Deadlines as to #164 MOTION for Sanctions . Responses due by 10/9/2017 Replies due by 10/13/2017. (Per Order, dkt #166)(st)
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Filing 164
MOTION for Sanctions Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 10/10/2017 (Attachments: #1 Certification of Deb Clifford, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Duke, Keely)
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Filing 163
DEFAULT JUDGMENT in favor of James R. Zazzali against DFN Partners, LLC, DeWaay Financial Network LLC, and DeWaay Financial Network, Inc. in the amount of $14,566,480.80, plus interest from the date of judgment. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 162
ORDER granting #160 Motion for Default Judgment. IT IS FURTHER ORDERED that FINAL JUDGMENT be ENTERED in favor of Plaintiff James R. Zazzali, and against Defendants DeWaay Financial Network, LLC, DeWaay Financial Network, Inc., and DFN Partners, LLC, in the amount of $14,566,480.80, plus interest from the date of judgment. The case remains open against Defendant Donald G. DeWaay, Jr.. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 161
ORDER ON STIPULATION TO AMEND CASE SCHEDULE re #159 Stipulation. The Court will not approve the stipulation. The dates set in the Minute Order Amending Case Schedule (Dkt. 156) remain. Parties may wish to continue to pursue settlement discussions, and may still seek the aid of Judge Williams. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 160
MOTION for Default Judgment as to DeWaay Financial Network, LLC, DeWaay Financial Network, Inc. and DFN Partners, LLC Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 9/27/2017 (Attachments: #1 Affidavit Declaration of Debra Clifford, #2 Certificate of Service)(Duke, Keely)
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Filing 159
STIPULATION re #156 Order, Set Deadlines/Hearings,, #154 Telephone Conference, #114 Order, Set Deadlines/Hearings,,,, by James R. Zazzali. (Duke, Keely)
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Filing 158
NOTICE by James R. Zazzali Letter to Judge Bryan (Duke, Keely)
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Filing 157
DOCKET ENTRY ORDER OF REFERRAL. Case is referred to United States Magistrate Judge Mikel H. Williams for the purpose of conducting a settlement conference. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (so)
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Filing 156
MINUTE ORDER AMENDING CASE SCHEDULE. (Discovery due by 6/15/2017. Dispositive Motions due by 8/1/2017. Jury Trial set for 10/30/2017 09:30 AM in Boise - Courtroom 1 before Judge Robert J. Bryan. Pretrial Conference set for 10/20/2017 09:00 AM in Boise - Courtroom 1 before Judge Robert J. Bryan.). Authorized by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 155
MINUTE ORDER AMENDING CAPTION. The only remaining Defendant in this case is Donald G. DeWaay Jr. The caption is hereby amended as above. All pleadings filed in the future should be captioned accordingly. Authorized by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 154
Minute Entry for proceedings held before Judge Robert J. Bryan: Telephone Conference Re: Case Status held on 4/26/2017. Court grants a continuance of the trial date to 10/30/2017, as proposed in the Joint Status Report (Dkt 153). Amended scheduling order to issue. (Court Reporter/ESR Teri Hendrix.) (st)
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Filing 153
STATUS REPORT (Joint Status Report) by James R. Zazzali. (Duke, Keely)
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Filing 152
ORDER FOR JOINT STATUS REPORT. Agreed Pretrial Order, Trial Briefs, Proposed Voir Dire, Jury Instructions and Verdict Forms are due 5/19/2017. (Motions in Limine due by 5/8/2017. Status Report due by 4/24/2017.). Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 151
Clerk's ENTRY OF DEFAULT as to DeWaay Financial Network, LLC, DeWaay Financial Network, Inc., and DFN Partners, LLC.(st)
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Filing 150
ORDER FOR ENTRY OF DEFAULT - It is ORDERED that: The Clerk of the Court is directed to ENTER DEFAULT against Defendants DeWaay Financial Network, LLC, DeWaay Financial Network, Inc., and DFN Partners LLC for failure to secure counsel to represent them in this case contrary to Idaho Local Rules of Civ. P. 83.6(c) and 83.4(d). Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing 149
ORDER ON NOTICE OF VOLUNTARY DISMISSAL OF LARRY W. RAUDEBAUGH. Accordingly, Defendant Raudebaugh should be dismissed without prejudice, with each party to bear their own attorney's fees. It is so ORDERED. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 148
NOTICE of Voluntary Dismissal by James R. Zazzali (Duke, Keely)
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Filing 147
ORDER. It is ORDERED that: By 3/31/2017, the parties ARE ORDERED TO SHOW CAUSE, if any they have, why default should not be entered against Defendants DeWaay Financial Network, LLC, DeWaay Financial Network, Inc., and DFN Partners LLC failure to secure counsel to represent them in this case; and By 3/31/2017, the Plaintiff SHALL inform the Court whether Defendant Raudebaugh has been served and if he has not, IS ORDERED to show cause, if any he has, why this case should not be dismissed against Defendant Raudebaugh, without prejudice, for failure to prosecute. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 146
NOTICE of Appearance by Daniel W Bower on behalf of Donald G DeWaay, Jr (Bower, Daniel)
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Set Deadlines/Hearings: Defendants have 21 days after the filing of proof of service to advise this Court in writing in what manner they will be represented.(st)
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Filing 145
NOTICE by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc. re #143 Order, Terminate Motions, Set Deadlines/Hearings,,,,,, (Attachments: #1 Exhibit A)(Peters, Theodore)
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Filing 144
MINUTE ORDER REGARDING WITHDRAWAL OF COUNSEL. This matter is noted for a status check regarding the requirements in the 2/21/2017 Order on 3/17/2017. Authorized by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) Modified on 2/21/2017 to edit docket text (st).
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Filing 143
ORDER granting #139 Second MOTION to Withdraw as Counsel for Defendants filed by DFN Partners, LLC, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., Donald G DeWaay, Jr. Edgerton & Weaver, LLP serve this Order on all parties herein upon entry of this Order. Edgerton & Weaver, LLP shall continue to represent Defendants until proof of service of this Order has been filed with this Court. IT IS FURTHER ORDERED, that Defendants have 21 days after the filing of proof of service to advise this Court in writing in what manner they will be represented.. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 142
NOTICE by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation Notice of Change of Firm Name (Peters, Theodore)
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Filing 141
ORDER GRANTING MOTION TO DISMISS CHARLES WIEGERT. IT IS HEREBY ORDERED that: The Motion to Dismiss Charles Wiegert #140 is GRANTED. All of Plaintiff's claims in the above-captioned action against Defendant Charles Wiegert only are hereby dismissed with prejudice, with each party to bear their own attorney's fees and costs. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 140
MOTION to Dismiss Charles Weigert Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 2/24/2017 (Duke, Keely)
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Filing 139
Second MOTION to Withdraw as Counsel for Defendants Theodore Clarke Peters appearing for Defendants DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc.. Responses due by 2/13/2017 (Peters, Theodore)
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Filing 138
NOTICE of Appearance by Theodore Clarke Peters on behalf of DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation (Peters, Theodore)
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Filing 137
Letter from Judge Robert J. Bryan. In order to ensure that both Larry Raudebaugh and Charles Wiegert get notice of all activity occurring in this case, please definitively notify the court of whether Mr. Edgerton and Mr. Peters are representing Larry Raudebaugh and Charles Wiegert. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 136
ANSWER to #99 Amended Complaint, by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc..(Peters, Theodore)
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Filing 135
NOTICE of Appearance by Theodore Clarke Peters on behalf of DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc. (Peters, Theodore)
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Filing 134
MINUTE ORDER REGARDING WITHDRAWAL OF COUNSEL re #130 MOTION, #133 Order. This matter is noted for a status check regarding the requirements in the 3/18/2016 Order on 4/15/2016 (Case Management deadline set for 4/15/2016). Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing 133
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR DEFENDANTS DEWAAY FINANCIAL NETWORK, LLC, DEWAAY FINANCIAL NETWORK, INC, DFN PARTNERS, LLC AND DONALD G DEWAAY JR. granting #130 Motion to Withdraw as Attorney. Edgerton & Weaver, LLP shall continue to represent Defendants until proof of service of this Order has been filed with this Court. Defendants have 21 days after the filing of proof of service to advise this Court in writing in what manner they will be represented. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 132
ORDER GRANTING EXTENSION OF TIME FOR THE DEWAAY DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT. The Court GRANTS the parties' stipulation #131 for an extension of time for the DeWaay Defendants to respond to the FAC. The DeWaay Defendants are hereby directed to file any response to the FAC by 3/25/2016. IT IS SO ORDERED. DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, and DeWaay Financial Network, Inc. answers due 3/25/2016. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 131
STIPULATION re #99 Amended Complaint, by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation. (Peters, Theodore)
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Filing 130
First MOTION to Withdraw as Attorney. Request to Leave Noticing ON for this case by AttorneyTheodore Clarke Peters appearing for Defendants DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc.. Responses due by 3/17/2016 (Peters, Theodore)
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Filing 129
ORDER GRANTING EXTENSION OF TIME FOR THE DEWAAY DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT. DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC and DeWaay Financial Network, Inc. answer due 3/4/2016. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 128
STIPULATION re #99 Amended Complaint, Extending Time For the Dewaay Defendants To Respond To The FAC by Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation. (Peters, Theodore)
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Filing 127
ORDER GRANTING EXTENSION OF TIME FOR THE DEWAAY DEFENDNATS TO RESPOND TO THE FIRST AMENDED COMPLAINT. For good cause shown, the Court GRANTS the parties' stipulation for an extension of time for the DeWaay Defendants to respond to the FAC. The DeWaay Defendants are hereby directed to file any response to the FAC by 2/19/2016. DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC and DeWaay Financial Network, Inc. answer due 2/19/2016. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 126
STIPULATION re #99 Amended Complaint, Extending Time To Respond To The FAC by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation. (Peters, Theodore)
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Filing 125
ORDER GRANTING MOTION TO EXTEND TIME FOR SERVICE ON DEFENDANT LARRY W. RAUDEBAUGH. IT IS ORDERED, that the Trustee's Motion #118 is hereby GRANTED; and IT IS FURTHER ORDERED, that time within which the Trustee must effect service on Defendant Larry W. Raudebaugh is hereby extending through and including 3/29/2016. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 124
ORDER GRANTING MOTION TO SEAL DOCUMENTS FILED IN CONNECTION WITH THE TRUSTEE'S MOTION TO EXTEND TIME FOR SERVICE ON DEFENDANT LARRY W. RAUDEBAUGH. IT IS ORDERED, that the Trustee's Motion #117 is hereby GRANTED; and IT IS FURTHER ORDERED, that all documents filed in connection with the Trustee's Motion to Extend Time for Service on Defendant Larry W. Raudebaugh (Docs. 119 through 119-4) shall be placed under seal. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 123
ORDER ON MOTION TO DISMISS FIRST AMENDED COMPLAINT denying #109 Motion to Dismiss and granting #116 Motion to Take Judicial Notice. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Additional attachment(s) added on 1/19/2016: #1 Docket #420 from case #1:14-cv-419-RJB) (st).
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Filing 122
RESPONSE to Motion re #116 First MOTION to Take Judicial Notice ISO Motion to Dismiss FAC Under FRCP 12(b)(6) filed by James R. Zazzali. Replies due by 1/28/2016.(Duke, Keely)
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Filing 121
ORDER ON RENOTING MOTION TO DISMISS FIRST AMENDED COMPLAINT. IT IS ORDERED: Request for Judicial Notice in Support of the DeWaay Defendants Motion to Dismiss the First Amended Complaint Under FRCP 12(B)(6) #116 IS NOTED for consideration on 1/14/2016. The response, if any, is due on or before 1/11/2016. The reply, if any, to that response is due on or before 1/14/2016. Motion to Dismiss First Amended Complaint #109 IS NOTED for consideration on 1/14/2016. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Set/Reset Deadlines as to #116 First MOTION to Take Judicial Notice ISO Motion to Dismiss FAC Under FRCP 12(b)(6). Responses due by 1/11/2016. Replies due by 1/14/2016. (Per Order, dkt #121)(st)
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Filing 120
ERRATA by Plaintiff James R. Zazzali re #117 MOTION to Seal Documents Filed in Connection with the Trustee's Motion to Extend Time for Service on Defendant Larry W. Raudenbaugh . (Duke, Keely)
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Filing 119
Sealed Document Motion to Extend Time for Service on Defendant Larry W. Raudebaugh (unredacted). (Attachments: #1 Declaration of Jason Halpin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Duke, Keely)
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Filing 118
MOTION for Service to Extend Time for Service on Defendant Larry W. Raudenbaugh Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 1/19/2016 (Attachments: #1 Declaration of Jason Halpin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Duke, Keely)
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Filing 117
MOTION to Seal Documents Filed in Connection with the Trustee's Motion to Extend Time for Service on Defendant Larry W. Raudenbaugh Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 1/19/2016 (Duke, Keely)
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Filing 116
First MOTION to Take Judicial Notice ISO Motion to Dismiss FAC Under FRCP 12(b)(6) Theodore Clarke Peters appearing for Defendants DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc.. Responses due by 1/11/2016 (Attachments: #1 Exhibit A, #2 Exhibit B)(Peters, Theodore)
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Filing 115
REPLY to Response to Motion re #109 MOTION to Dismiss First Amended Complaint Under FRCP 12(b)(6) filed by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation.(Peters, Theodore)
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Filing 114
ORDER SETTING TRIAL AND PRETRIAL DATES. Deadline for lodging Agreed Pretrial Order, and filing of trial briefs, proposed voir dire, jury instructions and verdict forms is 5/19/2017. (Discovery due by 2/5/2017. Joinder of Parties due by 1/20/2016. Dispositive Motions due by 3/7/2017. Jury Trial set for 6/5/2017 09:30 AM in Boise - Courtroom 1 before Judge Robert J. Bryan. Pretrial Conference set for 5/25/2017 08:30 AM in Boise - Courtroom 1 before Judge Robert J. Bryan.). Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 113
STATUS REPORT (Joint Status Report) by James R. Zazzali. (Duke, Keely)
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Filing 112
RESPONSE to Motion re #109 MOTION to Dismiss First Amended Complaint filed by James R. Zazzali. Replies due by 12/17/2015.(Duke, Keely)
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Filing 111
ORDER GRANTING MOTION TO EXTEND INITIAL DEADLINES re #97 Order. IT IS HEREBY ORDERED that the Motion #103 is GRANTED. The deadlines set forth in the Courts Order Setting Initial Deadlines are hereby extended as follows: the parties shall conduct a conference by 12/1/2015; the parties shall exchange initial disclosures by 12/8/2015; and the parties shall submit a combined joint status report and discovery plan by 12/15/2015. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 110
Corporate Disclosure Statement by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc.. (Peters, Theodore)
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Filing 109
MOTION to Dismiss First Amended Complaint Theodore Clarke Peters appearing for Defendants DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc.. Responses due by 11/30/2015 (Attachments: #1 Memorandum in Support)(Peters, Theodore)
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Filing 108
ERRATA by Defendants DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc. Errata to Application for Admission Pro Hac Vice (Dkt. No. 104). (Peters, Theodore)
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Filing 107
DOCKET TEXT ORDER. The parties' Joint Stipulation for an Extension of Time #105 is granted. Defendants DeWaay Financial Network, LLC, DeWaay Financial Network, Inc., DFN Partners, LLC, and Donald G. DeWaay, Jr.'s time to respond to Plaintiffs First Amended Complaint, or otherwise move the Court, is extended from October 30, 2015 to November 6, 2015. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) Modified on 10/30/2015 to include that this is a docket text order (st).
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Filing 106
DOCKET ENTRY ORDER approving #104 Motion for Pro Hac Vice Appearance of attorney Samuel Y Edgerton for DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., Larry W Raudebaugh, and Charles Weigert. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 105
STIPULATION to extend time to respond to First Amended Complaint, Jointly filed by Plaintiff and by DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., DeWaay Parent Corporation. (Peters, Theodore)
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Filing 104
MOTION FOR PRO HAC VICE APPEARANCE by Samuel Y. Edgerton, III. ( Filing fee $ 225 receipt number 0976-1365160.)Theodore Clarke Peters appearing for Defendants DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network LLC, DeWaay Financial Network, Inc., Larry W Raudebaugh, Charles Weigert. Responses due by 11/23/2015 (Attachments: #1 Exhibit Certificates of Good Standing)(Peters, Theodore)
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Filing 103
MOTION for Extension of Time to File Initial Deadlines Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 11/9/2015 (Duke, Keely)
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Filing 102
Summons Issued as to DFN Partners, LLC, Donald G DeWaay, Jr, DeWaay Financial Network, Inc., Larry W Raudebaugh, and Charles Weigert. (Print attached Summons for service.) (Attachments: #1 DFN Partners, LLC summons, #2 Charles Weigert summons, #3 Donald DeWaay summons, #4 Larry Raudebaugh summons)(st)
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Filing 101
Response to First Amended Complaint and Demand for Jury Trial by Charles Weigert. (Attachments: #1 cover letter)(st)
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Filing 100
DOCKET ENTRY ORDER approving #98 Motion for Pro Hac Vice Appearance of attorney Jason Halpin for James R. Zazzali. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 99
AMENDED COMPLAINT against DeWaay Financial Network LLC, filed by James R. Zazzali. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Summons Dewaay Financial Network, Inc., #6 Summons Charles Weigert, #7 Summons Donald G. DeWaay, Jr., #8 Summons DFN Partners, LLC, #9 Summons Larry W. Raudebaugh)(Duke, Keely)
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Filing 98
MOTION FOR PRO HAC VICE APPEARANCE by Jason Halpin. ( Filing fee $ 225 receipt number 0976-1341800.)Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 9/25/2015 (Duke, Keely)
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Filing 97
ORDER SETTING INITIAL DEADLINES. IT IS ORDERED THAT: The following dates for initial disclosure and submission of the Joint Status Report andDiscovery Plan are SET: Deadline for FRCP 26(f) Conference: 9/29/2015,Initial Disclosures Pursuant to FRCP 26(a)(1): 10/6/2015, Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f): 10/13/2015. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 96
ORDER REGARDING DISCOVERY AND DEPOSITIONS. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 95
PROCEDURAL ORDER. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 94
ORDER ON MOTION TO LIFT STAY AND MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT. IT IS ORDERED: Plaintiff's Motion to Lift Stay and for Leave to File a First Amended Complaint #93 IS GRANTED. Plaintiff SHALL file a clean copy of the proposed amended complaint on or before 9/4/2015. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 93
MOTION for Leave to File to File First Amended Complaint and Motion to Lift Stay Keely E. Duke appearing for Plaintiff James R. Zazzali. Responses due by 8/24/2015 (Attachments: #1 Declaration of Debra Clifford, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Duke, Keely)
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Electronic notice turned off for attorneys Cory D Olson and Vincent D Louwagie per request of Mr Olson via telephone. Their party Bertherl Fisher & Company Financial Services Inc was termed from the case prior to transfer to Idaho from Delaware. (cjs)
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Filing 92
STATUS REPORT (Re: Dkt. 91) by James R. Zazzali. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Duke, Keely)
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Filing 91
ORDER STAYING CASE. This matter is STAYED pending decision in Iowa Supreme Court Cause Number 13-1007. Counsel is directed to file a status report or appropriate order within 30 days of conclusion of proceedings in the Iowa Supreme Court, and, in any event, if such proceedings are not concluded within one year, counsel should file a status report on or before 12/15/2015. Signed by Judge Robert J. Bryan. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 90
Letter from Judge Robert J Bryan with the United States District Court, Western District of Washington. Dear Counsel: If I correctly understand Docket Numbers 80 and 81 in the above case, a stay is appropriate. If you have objection to the attached order, please file the same by 12/19/2014.(st)
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Filing 89
ORDER OF REASSIGNMENT. IT IS HEREBY ORDERED that this case is reassigned to The Honorable Robert J. Bryan, Senior United States District Judge for the Western District of Washington, for all further proceedings. IT IS FURTHER ORDERED that the case number, 1:14-CV-418-BLW, shall be changed to 1:14-CV-418- RJB. The parties shall use this case number on all future filings. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing 88
DOCKET ENTRY ORDER reassigning this case to the Honorable B. Lynn Winmill, United States Chief District Judge for the District of Idaho, for all further proceedings. The case number shall be changed 1:14-cv-00418-BLW which the parties are directed to use on all future filings. SO ORDERED. Signed by Chief Judge B. Lynn Wimill (mls)
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CORRECTIVE ENTRY - Docket number #87 Notice of Termination of Counsel's Involvement was filed incorrectly in this case. Local rule 83.6(c) states "No attorney of record who is the sole representative for a party may withdraw from representing that party without leave of the Court. Before an attorney is to be granted leave to withdraw, the attorney must present to the Court a proposed order permitting the attorney to withdraw and directing the client to appoint another attorney to appear, or to appear in person by filing a notice with the Court stating how the party will be represented." (st)
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Filing 87
NOTICE (entitled Notice of Termination of Counsel's Involvement) filed by attorney Scott L. Adkins. (Attachments: #1 attachment, #2 envelope)(st)
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Filing 86
NOTICE of Appearance by Debra A Clifford on behalf of James R. Zazzali (Clifford, Debra)
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Filing 85
NOTICE of Appearance by Kevin Alan Griffiths on behalf of James R. Zazzali (Griffiths, Kevin)
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Filing 84
NOTICE of Appearance by Keely E. Duke on behalf of James R. Zazzali (Duke, Keely)
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All out of state counsel continuing representation needs to obtain local counsel and file an Application for Pro Hac Vice. Please see Local Rule, Civil Rule 83.4 Bar Admission e) Pro Hac Vice/Local Counsel and ECF Procedures 3. Representation, Logins and Passwords. B. Limited Registered Participants.1. (st)
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Filing 83
Case transferred in from District of Delaware; Case Number 1:11-cv-00625. Original file certified copy of transfer order and docket sheet received.
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Case transferred electronically to District of Idaho. CASE CLOSED. (mdb)
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Filing 82
ORDER - re Memorandum Opinion: 1. The defendants' Motion for Withdrawal of Reference is GRANTED; 2. The defendants' Motions to Transfer Venue to the District of Idaho are GRANTED; 3. Civil Action Nos. 12-cv-1210 (GMS), 12-cv-1211 (GMS), 12-cv-1215 (GMS), 12-cv-1216 (GMS), 12-cv-1217 (GMS), 13-cv-976 (GMS), 11-cv-475 (GMS), 11-cv-625 (GMS), 11-cv-744 (GMS) and 12-cv-828 (GMS), are transferred to the District of ldaho. Signed by Judge Gregory M. Sleet on 9/25/2014. (mdb)
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Filing 81
MEMORANDUM OPINION. Signed by Judge Gregory M. Sleet on 9/25/2014. (mdb)
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Filing 80
Letter to The Honorable Gregory M. Sleet from Christopher Viceconte regarding Joint Status - re #79 Status Report Order. (Attachments: #1 Exhibit A)(Viceconte, Christopher)
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Filing 79
STATUS REPORT ORDER: Status Letter due by 9/29/2014. Signed by Judge Gregory M. Sleet on 9/8/2014. (asw)
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Filing 78
NOTICE of Withdrawal of Motion for Leave to File a First Amended Complaint by James R. Zazzali re #65 Opening Brief in Support, #63 MOTION to Amend/Correct Complaint, #64 Declaration (Viceconte, Christopher)
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Filing 77
STIPULATION of Dismissal with Prejudice of Defendant JP Turner Company LLC by James R. Zazzali. (Viceconte, Christopher)
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SO ORDERED, re #76 Stipulation of Dismissal filed by James R. Zazzali. Ordered by Chief Judge Gregory M. Sleet on 10/22/2013. (asw)
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Filing 76
STIPULATION of Dismissal with Prejudice of Defendant Berthel Fisher & Company Financial Services, Inc. by James R. Zazzali. (Attachments: #1 Text of Proposed Order)(Viceconte, Christopher)
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SO ORDERED, re #75 Stipulation of Dismissal filed by James R. Zazzali. Ordered by Chief Judge Gregory M. Sleet on 10/3/2013. (asw)
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Filing 75
STIPULATION of Dismissal with Prejudice of Defendant Girard Securities, Inc. by James R. Zazzali. (Attachments: #1 Text of Proposed Order)(Viceconte, Christopher)
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Filing 74
NOTICE requesting Clerk to remove Jennifer M. Becnel-Guzzo as co-counsel. Reason for request: leaving firm. (Taylor, James)
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CORRECTING ENTRY: The docket text in D.I. #73 RESPONSE TO OBJECTIONS, has been corrected to read, REPLY BRIEF. (asw)
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Filing 73
REPLY BRIEF by James R. Zazzali re #63 MOTION to Amend/Correct Complaint (Attachments: #1 Corrected First Amended Complaint, #2 Exhibit A - Corrected, #3 Corrected Redlined First Amended Complaint)(Viceconte, Christopher)
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Filing 72
JOINDER by Girard Securities Inc., joining in #70 Answering Brief in Opposition, #63 Motion to Amend/Correct, . (Grivner, Geoffrey)
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Filing 71
ANSWERING BRIEF in Opposition re #63 MOTION to Amend/Correct Complaint filed by JP Turner Company LLC.Reply Brief due date per Local Rules is 3/18/2013. (Guzzo, Jennifer)
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Filing 70
ANSWERING BRIEF in Opposition re #63 MOTION to Amend/Correct Complaint filed by Berthel Fisher & Company Financial Services Inc..Reply Brief due date per Local Rules is 3/18/2013. (Attachments: #1 Affidavit)(Grivner, Geoffrey)
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Pro Hac Vice Attorney Gabriel A. Mendel for JP Turner Company LLC added for electronic noticing. (dmp, )
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Pro Hac Vice Attorney Steven L. Polk for JP Turner Company LLC added for electronic noticing. (dmp, )
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Pro Hac Vice Attorney Avital Stadler for JP Turner Company LLC added for electronic noticing. (rbe)
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Filing 69
SO ORDERED, re #68 STIPULATION TO EXTEND TIME Briefing on Motion for Leave to Amend Complaint to March 8, 2013 filed by Girard Securities Inc., Independent Financial Group LLC, DeWaay Financial Network LLC, Berthel Fisher & Company Financial Services Inc., G.A. Repple & Co. Ordered by Chief Judge Gregory M. Sleet on 2/12/2013. (asw)
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Pro Hac Vice Attorney David A. Baugh for Girard Securities Inc. added for electronic noticing. (dmp, )
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Reset Briefing Schedule: re #63 MOTION to Amend/Correct Complaint. Reply Brief due 3/29/2013. (asw)
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Reset Briefing Schedule: re #63 MOTION to Amend/Correct Complaint. Answering Brief due 3/8/2013. (asw)
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Filing 68
STIPULATION TO EXTEND TIME Briefing on Motion for Leave to Amend Complaint to March 8, 2013 - filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC. (Grivner, Geoffrey)
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Pro Hac Vice Attorney Erin M. Korrison for Girard Securities Inc. added for electronic noticing. (dmp, )
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Filing 67
MOTION for Pro Hac Vice Appearance of Attorney Erin M. Korrison - filed by Girard Securities Inc.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance)(Grivner, Geoffrey)
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Filing 66
MOTION for Pro Hac Vice Appearance of Attorney David A. Baugh - filed by Girard Securities Inc.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Compliance)(Grivner, Geoffrey)
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SO ORDERED, re #67 MOTION for Pro Hac Vice Appearance of Attorney Erin M. Korrison filed by Girard Securities Inc., #66 MOTION for Pro Hac Vice Appearance of Attorney David A. Baugh filed by Girard Securities Inc. Ordered by Chief Judge Gregory M. Sleet on 2/1/2013. (asw)
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Filing 65
OPENING BRIEF in Support re #63 MOTION to Amend/Correct Complaint filed by James R. Zazzali.Answering Brief/Response due date per Local Rules is 2/11/2013. (Viceconte, Christopher)
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Filing 64
DECLARATION re #63 MOTION to Amend/Correct Complaint by James R. Zazzali. (Viceconte, Christopher)
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Filing 63
MOTION to Amend/Correct Complaint - filed by James R. Zazzali. (Attachments: #1 Statement Pursuant to D. Del. LR 7.1.1, #2 Text of Proposed Order, #3 Exhibit A- Proposed Amended Complaint - part 1, #4 Exhibit A- Proposed Amended Complaint - part 2, #5 Exhibit A- Proposed Amended Complaint - part 3, #6 Exhibit A- Proposed Amended Complaint - part 4, #7 Exhibit B - Part 1, #8 Exhibit B - Part 2, #9 Exhibit B - Part 3)(Viceconte, Christopher)
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Filing 62
NOTICE of Withdrawal as Counsel of Rodger L. Eckelberry and Farrell A. Hochmuth by Berthel Fisher & Company Financial Services Inc. (Grivner, Geoffrey)
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ORAL ORDER finding as moot #29 Motion for TRO in light of D.I. #59 ; and finding as moot #31 Motion for TRO in light of D.I. #55 . Ordered by Chief Judge Gregory M. Sleet on 7/31/2012. (asw)
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Filing 61
NOTICE of Withdraw of Counsel by DeWaay Financial Network LLC DeWaay Financial Network, LLC's Notice of Withdraw of Rodger L. Eckelberry and Farrell A. Hochmuth as of Counsel (Grivner, Geoffrey)
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Filing 60
REPLY BRIEF re #27 MOTION to Dismiss for Failure to State a Claim filed by JP Turner Company LLC. (Taylor, James)
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Filing 59
NOTICE of Defendant DeWaay Financial Network, LLC's Withdraw of Motion to Certify Class by DeWaay Financial Network LLC re #24 MEMORANDUM in Support, #23 MOTION to Certify Class (Grivner, Geoffrey)
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Filing 58
STIPULATION TO EXTEND TIME to file Reply Brief in Support of Motion to Dismiss to February 22, 2012 - filed by JP Turner Company LLC. (Taylor, James)
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SO ORDERED, re #58 STIPULATION TO EXTEND TIME to file Reply Brief in Support of Motion to Dismiss to February 22, 2012 filed by JP Turner Company LLC, Reset Briefing Schedule: re #27 MOTION to Dismiss for Failure to State a Claim. (Reply Brief due 2/22/2012.). Ordered by Chief Judge Gregory M. Sleet on 1/23/2012. (asw)
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SO ORDERED re #56 Stipulation to Extend Time. Reset Briefing Schedule: re #23 MOTION to Certify Class. (Answering Brief due 2/3/2012., Reply Brief due 2/23/2012.). Ordered by Chief Judge Gregory M. Sleet on 1/11/2012. (asw)
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Filing 57
NOTICE of by Edeltraut Edgerton, Wayne Edgerton re #48 MOTION to Compel Arbitration Under Section 4 of the Federal Arbitration Act, #47 MOTION to Compel Arbitration Under Section 4 of the Federal Arbitration Act That D.I. Nos 47 & 48 Are Withdrawn Without Prejudice (Adkins, Scott)
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Filing 56
STIPULATION TO EXTEND TIME and Proposed Order Further Extending Plaintiff's Time to Respond to Defendant Dewaay Financial Network, LLC's Motion for Class Certification [D.I. 23-24] to 02/03/2012 - filed by James R. Zazzali. (Viceconte, Christopher)
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Filing 55
SO ORDERED, re #54 Stipulation of Dismissal as to the Defendant G.A. Repple & Company filed by James R. Zazzali. Signed by Chief Judge Gregory M. Sleet on 1/5/12. (mmm)
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Filing 54
STIPULATION of Dismissal With Prejudice by James R. Zazzali. (Attachments: #1 Proposed Agreed Order of Dismissal With Prejudice)(Viceconte, Christopher)
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Filing 53
SO ORDERED, re #52 Stipulation of Dismissal as to Defendant Independent Financial Group, LLC filed by James R. Zazzali. Signed by Chief Judge Gregory M. Sleet on 1/3/12. (mmm)
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Filing 52
STIPULATION of Dismissal With Prejudice by James R. Zazzali. (Attachments: #1 Proposed Agreed Order of Dismissal With Prejudice, #2 Certificate of Service)(Viceconte, Christopher)
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SO ORDERED, re #50 STIPULATION TO EXTEND TIME and Proposed Order Plaintiff's Time to Respond to Defendant Dewaay Financial Network, LLC's Motion for Class Certification to 01/06/2012 filed by James R. Zazzali. Ordered by Chief Judge Gregory M. Sleet on 12/29/11. (mmm)
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Filing 51
ANSWERING BRIEF in Opposition re #27 MOTION to Dismiss for Failure to State a Claim filed by James R. Zazzali.Reply Brief due date per Local Rules is 1/3/2012. (Viceconte, Christopher)
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Filing 50
STIPULATION TO EXTEND TIME and Proposed Order Plaintiff's Time to Respond to Defendant Dewaay Financial Network, LLC's Motion for Class Certification to 01/06/2012 - filed by James R. Zazzali. (Viceconte, Christopher)
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SO ORDERED, re #49 STIPULATION TO EXTEND TIME and Proposed Order Further Extending Plaintiff's Time to Respond to Defendant Dewaay Financial Network. Ordered by Chief Judge Gregory M. Sleet on 12/21/2011. (asw)
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Filing 49
STIPULATION TO EXTEND TIME and Proposed Order Further Extending Plaintiff's Time to Respond to Defendant Dewaay Financial Network, LLC's Motion for Class Certification [D.I. 23-24] to 12/23/2011 - filed by James R. Zazzali. (Viceconte, Christopher)
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Filing 48
MOTION to Compel Arbitration Under Section 4 of the Federal Arbitration Act - filed by Edeltraut Edgerton, Wayne Edgerton. (Attachments: #1 Exhibit Unpublised decision in Comverse v. American Telecom, #2 Exhibit FINRA Code Arb't Procedure Rule 12209, #3 Exhibit Unpublished decision in Cooper v. Miller Johnson et al)(Adkins, Scott)
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Filing 47
MOTION to Compel Arbitration Under Section 4 of the Federal Arbitration Act - filed by Dean Costlow, Sharee Costlow. (Adkins, Scott)
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Filing 46
NOTICE of Appearance by Scott L. Adkins on behalf of Dean Costlow, Sharee Costlow, Ronald Peterson, Wayne Edgerton, Judy Peterson, Edeltraut Edgerton (Adkins, Scott)
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Filing 45
NOTICE of Settlement and Withdrawal of Objection and Motion To Compel Arbitation by Betty Pearson (Adkins, Scott)
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SO ORDERED, re #44 STIPULATION TO EXTEND TIME Plaintiff's Response to Defendant G.A. Repple & Co.'s Motions to Certify Class and For a Temporary Restraining Order to February 1, 2012 and February 6, 2012, respectively filed by G.A. Repple & Co., Reset Briefing Schedule: re #25 MOTION to Certify Class, (Answering Brief due 2/1/2012., Reply Brief due 2/13/2012.) Reset Briefing Schedule: re #31 MOTION for Temporary Restraining Order Under the All-Writs Act. (Answering Brief due by 2/6/2012., Reply Brief due by 2/20/2012). Ordered by Chief Judge Gregory M. Sleet on 12/2/2011. (asw)
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SO ORDERED, re #43 STIPULATION TO EXTEND TIME Response to Defendant DeWaay Financial Network, LLC's Motion to Certify Class to December 16, 2011 filed by DeWaay Financial Network LLC, Reset Briefing Schedule: re #23 MOTION to Certify Class. (Answering Brief due 12/16/2011.). Ordered by Chief Judge Gregory M. Sleet on 12/2/2011. (asw)
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Filing 44
STIPULATION TO EXTEND TIME Plaintiff's Response to Defendant G.A. Repple & Co.'s Motions to Certify Class and For a Temporary Restraining Order to February 1, 2012 and February 6, 2012, respectively - filed by G.A. Repple & Co.. (Grivner, Geoffrey)
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Filing 43
STIPULATION TO EXTEND TIME Response to Defendant DeWaay Financial Network, LLC's Motion to Certify Class to December 16, 2011 - filed by DeWaay Financial Network LLC. (Grivner, Geoffrey)
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SO ORDERED, re #42 STIPULATION TO EXTEND TIME Reply to Objection to Motion for Temporary Restraining Order and Opposition to Motion to Compel Arbitration to December 5, 2011 filed by DeWaay Financial Network LLC. Ordered by Chief Judge Gregory M. Sleet on 11/30/11. (mmm)
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Filing 42
STIPULATION TO EXTEND TIME Reply to Objection to Motion for Temporary Restraining Order and Opposition to Motion to Compel Arbitration to December 5, 2011 - filed by DeWaay Financial Network LLC. (Grivner, Geoffrey)
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SO ORDERED, re #39 MOTION for Extension of Time to Respond To D.I. 23, D.I. 29 filed by Betty Pearson, Reset Briefing Schedule: re #29 MOTION for Temporary Restraining Order Under the All-Writs Act, #23 MOTION to Certify Class. (Answering Brief due 11/14/2011., Reply Brief due 12/7/2011.). Ordered by Chief Judge Gregory M. Sleet on 11/16/2011. (asw)
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Filing 41
MOTION to Compel Arbitration Under FAA Section 4 - filed by Betty Pearson. (Attachments: #1 Exhibit Proposed Order)(Adkins, Scott)
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Filing 40
ANSWERING BRIEF in Opposition re #29 MOTION for Temporary Restraining Order Under the All-Writs Act filed by Betty Pearson.Reply Brief due date per Local Rules is 11/28/2011. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit Billitteri Brief)(Adkins, Scott)
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SO ORDERED, re #35 STIPULATION TO EXTEND TIME Plaintiff and non-parties' time to respond to Defendant G.A. Repple & Co.'s Motion for a Temporary Restraining Order to December 7, 2011 filed by G.A. Repple & Co., Reset Briefing Schedule: re #31 MOTION for Temporary Restraining Order Under the All-Writs Act. (Answering Brief due 12/7/2011.). Ordered by Chief Judge Gregory M. Sleet on 11/14/2011. (asw)
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Filing 39
MOTION for Extension of Time to Respond To D.I. 23, D.I. 29 - filed by Betty Pearson. (Attachments: #1 Exhibit Counsels' Agreement, #2 Exhibit PROPOSED ORDER)(Adkins, Scott)
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Filing 38
DECLARATION re #37 Response to Motion of James M. Lee by James R. Zazzali. (Attachments: #1 Exhibit A, #2 Exhibit B)(Viceconte, Christopher)
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Filing 37
RESPONSE to Motion re #29 MOTION for Temporary Restraining Order Under the All-Writs Act filed by James R. Zazzali. (Viceconte, Christopher)
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Filing 36
NOTICE of Appearance by Scott L. Adkins on behalf of Betty Pearson (Adkins, Scott)
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Filing 35
STIPULATION TO EXTEND TIME Plaintiff and non-parties' time to respond to Defendant G.A. Repple & Co.'s Motion for a Temporary Restraining Order to December 7, 2011 - filed by G.A. Repple & Co.. (Grivner, Geoffrey)
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SO ORDERED, #34 Stipulation to Extend Time, Reset Briefing Schedule: re #25 MOTION to Certify Class, #23 MOTION to Certify Class. (Answering Brief due 12/12/2011.). Ordered by Chief Judge Gregory M. Sleet on 10/31/2011. (asw)
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SO ORDERED, re #33 STIPULATION TO EXTEND TIME and Proposed Order for Plaintiff's Time to Respond to Defendant J.P. Turner & Company's Motion to Dismiss All Claims [D.I. 27, 28] to 12/23/2011 filed by James R. Zazzali, Reset Briefing Schedule: re #27 MOTION to Dismiss for Failure to State a Claim. (Answering Brief due 12/23/2011., Reply Brief due 1/23/2012.). Ordered by Chief Judge Gregory M. Sleet on 10/31/2011. (asw)
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Filing 34
STIPULATION TO EXTEND TIME and Proposed Order for Plaintiff to Respond to Defendants' Motion for Class Certification [D.I. 23-26] to 12/12/2011 - filed by James R. Zazzali. (Viceconte, Christopher)
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Filing 33
STIPULATION TO EXTEND TIME and Proposed Order for Plaintiff's Time to Respond to Defendant J.P. Turner & Company's Motion to Dismiss All Claims [D.I. 27, 28] to 12/23/2011 - filed by James R. Zazzali. (Viceconte, Christopher)
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Filing 32
MEMORANDUM in Support re #31 MOTION for Temporary Restraining Order Under the All-Writs Act filed by G.A. Repple & Co..Answering Brief/Response due date per Local Rules is 11/7/2011. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 31
MOTION for Temporary Restraining Order Under the All-Writs Act - filed by G.A. Repple & Co.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Temporary Restraining Order, #2 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 30
MEMORANDUM in Support re #29 MOTION for Temporary Restraining Order Under the All-Writs Act filed by DeWaay Financial Network LLC.Answering Brief/Response due date per Local Rules is 11/7/2011. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 29
MOTION for Temporary Restraining Order Under the All-Writs Act - filed by DeWaay Financial Network LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Temporary Restraining Order, #2 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 28
OPENING BRIEF in Support re #27 MOTION to Dismiss for Failure to State a Claim filed by JP Turner Company LLC.Answering Brief/Response due date per Local Rules is 11/7/2011. (Guzzo, Jennifer)
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Filing 27
MOTION to Dismiss for Failure to State a Claim - filed by JP Turner Company LLC. (Guzzo, Jennifer)
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Filing 26
MEMORANDUM in Support re #25 MOTION to Certify Class filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC.Answering Brief/Response due date per Local Rules is 10/31/2011. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Grivner, Geoffrey)
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Filing 25
MOTION to Certify Class - filed by G.A. Repple & Co.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion of Defendant G.A. Repple & Co. for Class Certification, #2 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 24
MEMORANDUM in Support re #23 MOTION to Certify Class filed by DeWaay Financial Network LLC.Answering Brief/Response due date per Local Rules is 10/31/2011. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 23
MOTION to Certify Class - filed by DeWaay Financial Network LLC. (Attachments: #1 Text of Proposed Order Proposed Order Graning Motion of Defendant DeWaay FInancial Network, LLC For Class Certification, #2 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Pro Hac Vice Attorney Debra A. Clifford for James R. Zazzali added for electronic noticing. (dmp, )
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Pro Hac Vice Attorney Steven E. Bizar for Berthel Fisher & Company Financial Services Inc. added for electronic noticing. (dmp, )
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SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Fruqan Mouzon filed by James R. Zazzali. Ordered by Chief Judge Gregory M. Sleet on 9/29/2011. (asw)
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Filing 22
MOTION for Pro Hac Vice Appearance of Attorney Fruqan Mouzon - filed by James R. Zazzali. (Attachments: #1 Text of Proposed Order, #2 Certification, #3 Certificate of Service)(Viceconte, Christopher)
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Filing 21
ANSWER to #1 Complaint,, by DeWaay Financial Network LLC. (Attachments: #1 Defendant Dewaay Financial Network, LLC's Corporate Disclosure Statement, #2 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 20
ANSWER to #1 Complaint,, by G.A. Repple & Co.. (Attachments: #1 Defendant G.A. Repple and Company's Corporate Disclosure Statement, #2 Certificate of Service)(Grivner, Geoffrey)
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Filing 19
ANSWER to #1 Complaint,, by Berthel Fisher & Company Financial Services Inc.. (Attachments: #1 Defendant Berthel Fisher & Company Financial Services, Inc.'s Corporate Disclosure Statement, #2 Certificate of Service)(Grivner, Geoffrey)
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Filing 18
ANSWER to #1 Complaint,, by Independent Financial Group LLC. (Attachments: #1 Defendant Independent Financial Group, LLC's Corporate Disclosure Statement, #2 Certificate of Service)(Grivner, Geoffrey)
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Filing 17
ANSWER to #1 Complaint,, by Girard Securities Inc.. (Attachments: #1 Corporate Disclosure Statement, #2 Certificate of Service)(Grivner, Geoffrey)
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Filing 16
MOTION for Pro Hac Vice Appearance of Attorney Debra A. Clifford - filed by James R. Zazzali. (Attachments: #1 Text of Proposed Order, #2 Certification, #3 Certificate of Service)(Viceconte, Christopher)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney Brian J. McMahon - filed by James R. Zazzali. (Attachments: #1 Text of Proposed Order, #2 Certification, #3 Certificate of Service)(Viceconte, Christopher)
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SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Debra A. Clifford filed by James R. Zazzali, #15 MOTION for Pro Hac Vice Appearance of Attorney Brian J. McMahon filed by James R. Zazzali. Ordered by Chief Judge Gregory M. Sleet on 9/20/2011. (asw)
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Pro Hac Vice Attorney Cory D. Olson,Vincent D. Louwagie,Rodger L. Eckelberry for Berthel Fisher & Company Financial Services Inc. added for electronic noticing. (dmp, )
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Filing 14
MOTION for Pro Hac Vice Appearance of Attorney Avital Stadler, Esq. - filed by JP Turner Company LLC. (Attachments: #1 Certification of Avital Stadler, #2 Proposed Order)(Taylor, James)
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney Garbriel A. Mendel, Esq. - filed by JP Turner Company LLC. (Attachments: #1 Certification of Gabriel A. Mendel, #2 Proposed Order)(Taylor, James)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney S. Lawrence Polk, Esq. - filed by JP Turner Company LLC. (Attachments: #1 Certification of S. Lawrence Polk, #2 Proposed Order)(Taylor, James)
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Filing 11
Joint STIPULATION TO EXTEND TIME for Defendant to Respond to the Complaint to October 19, 2011 - filed by JP Turner Company LLC. (Taylor, James)
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Filing 10
NOTICE of Appearance by James Darlington Taylor, Jr on behalf of JP Turner Company LLC (Taylor, James)
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney S. Lawrence Polk, Esq. filed by JP Turner Company LLC, #14 MOTION for Pro Hac Vice Appearance of Attorney Avital Stadler, Esq. filed by JP Turner Company LLC, #13 MOTION for Pro Hac Vice Appearance of Attorney Garbriel A. Mendel, Esq. filed by JP Turner Company LLC. Ordered by Chief Judge Gregory M. Sleet on 9/16/2011. (asw)
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SO ORDERED, re #11 Joint STIPULATION TO EXTEND TIME for Defendant to Respond to the Complaint to October 19, 2011 filed by JP Turner Company LLC, Set/Reset Answer Deadlines: JP Turner Company LLC answer due 10/19/2011. Ordered by Chief Judge Gregory M. Sleet on 9/16/2011. (asw)
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Pro Hac Vice Attorney Farrell A. Hochmuth for Berthel Fisher & Company Financial Services Inc. added for electronic noticing. (dmp, )
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Cory D. Olson filed by Girard Securities Inc., Independent Financial Group LLC, DeWaay Financial Network LLC, Berthel Fisher & Company Financial Services Inc., G.A. Repple & Co. Ordered by Chief Judge Gregory M. Sleet on 9/15/2011. (asw)
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Filing 9
MOTION for Pro Hac Vice Appearance of Attorney Cory D. Olson - filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC. (Attachments: #1 Certificate of Compliance Certificate by Counsel, #2 Text of Proposed Order Granting Motion, #3 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 8
MOTION for Pro Hac Vice Appearance of Attorney Vincent D. Louwagie - filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC. (Attachments: #1 Certificate of Compliance Certification by Counsel to be Admitted Pro Hac Vice, #2 Text of Proposed Order Granting Motion, #3 Certificate of Compliance Cerificate of Service)(Grivner, Geoffrey)
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SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Vincent D. Louwagie filed by Girard Securities Inc., Independent Financial Group LLC, DeWaay Financial Network LLC, Berthel Fisher & Company Financial Services Inc., G.A. Repple & Co. Ordered by Chief Judge Gregory M. Sleet on 9/14/2011. (asw)
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SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Rodger L. Eckelberry filed by Girard Securities Inc., Independent Financial Group LLC, DeWaay Financial Network LLC, Berthel Fisher & Company Financial Services Inc., G.A. Repple & Co., #6 MOTION for Pro Hac Vice Appearance of Attorney Farrell A. Hochmuth filed by Girard Securities Inc., Independent Financial Group LLC, DeWaay Financial Network LLC, Berthel Fisher & Company Financial Services Inc., G.A. Repple & Co., #5 MOTION for Pro Hac Vice Appearance of Attorney Steven E. Bizar filed by Girard Securities Inc., Independent Financial Group LLC, DeWaay Financial Network LLC, Berthel Fisher & Company Financial Services Inc., G.A. Repple & Co. Ordered by Chief Judge Gregory M. Sleet on 9/13/2011. (asw)
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Filing 7
MOTION for Pro Hac Vice Appearance of Attorney Rodger L. Eckelberry - filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC. (Attachments: #1 Certificate of Compliance Certification by Counsel to be Admitted Pro Hac Vice, #2 Text of Proposed Order Granting Motion, #3 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 6
MOTION for Pro Hac Vice Appearance of Attorney Farrell A. Hochmuth - filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC. (Attachments: #1 Certificate of Compliance Certification by Counsel to be Admitted Pro Hac Vice, #2 Text of Proposed Order Granting Motion of Pro Hac Vice of Farrell A. Hochmuth, #3 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Steven E. Bizar - filed by Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC. (Attachments: #1 Certificate of Compliance Certificate by Counsel to be Admitted Pro Hac Vice of Steven E. Bizar, #2 Text of Proposed Order Granting Motion for Pro Hac Vice of Steven E. Bizar, #3 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Filing 4
NOTICE of Appearance by Geoffrey Graham Grivner on behalf of Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, G.A. Repple & Co., Girard Securities Inc., Independent Financial Group LLC (Attachments: #1 Certificate of Compliance Certificate of Service)(Grivner, Geoffrey)
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Case Reassigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. Associated Cases: 1:11-cv-00625-GMS, 1:11-cv-00744-GMS. (also 1:11-cv-00475-GMS)(rjb)
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Filing 3
WAIVER OF SERVICE returned executed by James R. Zazzali: For JP Turner Company LLC waiver sent on 7/19/2011, answer due 9/19/2011. (Viceconte, Christopher)
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Case Assigned to Judge Stewart Dalzell of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (SD) after the case number on all documents filed. (Courtesy copies of filings should be sent to the chambers of the assigned Judge). (rjb)
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CORRECTING ENTRY: Party Sam Smiths 1 through 10 added per complaint. (dzs, )
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Summons Issued as to Berthel Fisher & Company Financial Services Inc. on 7/15/2011; DeWaay Parent Corporation on 7/15/2011; G.A. Repple & Co. on 7/15/2011; Girard Securities Inc. on 7/15/2011; Independent Financial Group LLC on 7/15/2011; JP Turner Company LLC on 7/15/2011. (rwc)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (lid)
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Filing 1
COMPLAINT filed with Jury Demand against BFC Parent Corporation, Berthel Fisher & Company Financial Services Inc., DeWaay Financial Network LLC, DeWaay Parent Corporation, G.A. Repple & Co., Girard Parent Corporation, Girard Securities Inc., IFG Parent Corporation, Independent Financial Group LLC, JP Turner Company LLC, Repple Parent Corporation, Turner Parent Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-917432.) - filed by James R. Zazzali. (Attachments: #1 Complaint Part 2, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Civil Cover Sheet)(lid)
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No Summons Issued (lid)
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