Salsburg et al v. Invesco Capital Management, LLC
| Jeremy Salsburg, XDG Trading, LLC, Eagle's View Partners, LTD., Eagle's View Management, LP and First Horizon Bank |
| Invesco Capital Management, LLC |
| 1:2021cv06343 |
| November 29, 2021 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 29
MOTION by Defendant Invesco Capital Management, LLC for leave to file sur-reply or deem new arguments and evidence waived (Berg, Nicholas)
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Filing 28
SEALED REPLY by Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC to MOTION by Plaintiffs Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC to remand #21 , memorandum in support of motion #22 , reply, #25 , MOTION by Plaintiffs Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC to seal Exhibit and for Entry of Protective Order #26 (Attachments: #1 Exhibit 1, #2 Declaration, #3 Exhibit to Declaration)(Tenenbaum, Jack)
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Filing 27
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to file document under seal and for protective order #26 is granted. Plaintiffs' counsel is directed to send a Word version of the proposed protective order to Judge Kennelly's proposed order e-mail address, per the instructions on his web page. (mk)
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Filing 26
MOTION by Plaintiffs Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC to seal Exhibit and for Entry of Protective Order (Attachments: #1 Exhibit, #2 Exhibit)(Tenenbaum, Jack)
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Filing 25
REPLY by Plaintiffs Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC to motion to remand #21 , memorandum in support of motion #22 to Remand (Attachments: #1 Exhibit Exhibit 1, #2 Declaration)(Tenenbaum, Jack)
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Filing 24
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/10/2022. Defendant's response to the motion to remand #21 is to be filed by 1/10/2022; reply is due 1/24/2022. A telephonic status and ruling on the motion hearings are set for 2/9/2022 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, )
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Filing 23
MEMORANDUM by Invesco Capital Management, LLC in Opposition to motion to remand #21 (Berg, Nicholas)
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Filing 22
MEMORANDUM by Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC in support of motion to remand #21 (Attachments: #1 Exhibit 1)(Tenenbaum, Jack)
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Filing 21
MOTION by Plaintiffs Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC to remand (Tenenbaum, Jack)
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Filing 20
MINUTE entry before the Honorable Matthew F. Kennelly: Motions of Anne Monjar and Devon Caton to appear pro hac vice #17 #18 are granted. (mk)
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Filing 19
ATTORNEY Appearance for Defendant Invesco Capital Management, LLC by John Wolf (Wolf, John)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18985653. , Devon A. Caton for Invesco Capital Management, LLC (Caton, Devon)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18985625. , Anne Monjar for Invesco Capital Management, LLC (Monjar, Anne)
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Filing 16
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 12/16/2021. Plaintiff stated that they will be filing a motion to remand on 12/28/2021. A telephonic status hearing is set for 1/10/2022 at 9:15 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendant's motion to dismiss #10 is entered and continued. Mailed notice. (mma, )
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Filing 15
ATTORNEY Appearance for Plaintiffs Eagle's View Management, LP, Eagle's View Partners, LTD., First Horizon Bank, Jeremy Salsburg, XDG Trading, LLC by Jack Samuel Tenenbaum (Tenenbaum, Jack)
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 12/10/2021. Plaintiffs' counsel did not appear for the hearing. Telephonic status hearing is reset to 12/16/2021 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Defense counsel is directed to promptly provide notice to plaintiffs' counsel of the reset hearing because plaintiffs' counsel has not yet filed an appearance. Plaintiffs' counsel is directed to promptly file appearances. Mailed notice. (mma, )
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Filing 13
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant has filed a motion to dismiss the complaint. The matter is set for a telephonic hearing on 12/10/2021 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Plaintiffs' counsel should be prepared to advise the Court whether plaintiffs wish to respond the motion to dismiss or instead to amend the complaint to attempt to address one or more of the points raised in the motion. (mk)
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Filing 12
AFFIDAVIT by Defendant Invesco Capital Management, LLC in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Invesco Capital Management, LLC #10 (Declaration of Nicholas M. Berg) (Attachments: #1 Exhibit A - NASDAQ-100 Trust, Series 1 Standard Terms and Conditions of Trust dated March 1, 1999)(Berg, Nicholas)
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Filing 11
MEMORANDUM by Invesco Capital Management, LLC in support of Motion to Dismiss for Failure to State a Claim #10 (Berg, Nicholas)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Invesco Capital Management, LLC (Berg, Nicholas)
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Filing 9
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Invesco's motion for leave to file a 20-page opening memorandum #6 is granted. (mk)
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Filing 8
CERTIFICATE of Service by Defendant Invesco Capital Management, LLC regarding MOTION by Defendant Invesco Capital Management, LLC for leave to file excess pages for Memorandum in Support of Motion to Dismiss #6 (Amended) (Berg, Nicholas)
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Filing 7
NOTICE by Invesco Capital Management, LLC (Notice of Filing of Notice of Removal) (Berg, Nicholas)
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Filing 6
MOTION by Defendant Invesco Capital Management, LLC for leave to file excess pages for Memorandum in Support of Motion to Dismiss (Berg, Nicholas)
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Filing 5
MAILED notice of removal letter(s) to counsel of record. (Attachments: #1 (Additional Counsel of Record)) (ph, )
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Filing 4
ATTORNEY Appearance for Defendant Invesco Capital Management, LLC by Nicholas Martin Berg (Berg, Nicholas)
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Filing 3
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Invesco Capital Management, LLC (Berg, Nicholas)
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Filing 2
CIVIL Cover Sheet (Berg, Nicholas)
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Filing 1
NOTICE of Removal from Circuit Court of the 18th Judicial Circuit, DuPage County, Illinois, case number (2021L000733) filed by Invesco Capital Management, LLC Filing fee $ 402, receipt number 0752-18912642. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Declaration of Adam Henkel)(Berg, Nicholas)
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (cm, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cm, )
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