Avantax Planning Partners, Inc et al v. Carignan et al
| Avantax Planning Partners, Inc., Avantax, Inc., Avantax Planning Partners, Inc and Avantax, Inc |
| Michael Carignan, Mariner, LLC and Mariner, LLC doing business as Mariner Wealth Advisors |
| 2:2024cv01002 |
| January 11, 2024 |
| US District Court for the Northern District of Iowa |
| Judge Kelly KE Mahoney |
| CJ Williams |
| Contract: Other |
| 28 U.S.C. § 1442 Petition for Removal- Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 JOINT MOTION to Stay All Deadlines and Proceedings by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Sosna, Jeremy) |
Filing 30
TEXT ORDER granting #29 Motion for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Lack of Jurisdiction . The deadline for defendant Mariner to file a Reply is extended to no later than 12:00 p.m. on 3/11/2024. Signed by Chief Judge C.J. Williams on 3/8/2024. (skv)
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| Filing 29 MOTION for Extension of Time to File Resistance/Reply as to #19 MOTION to Dismiss for Lack of Jurisdiction by Defendants Michael Carignan, Mariner, LLC (Andersen, Joel) |
| Filing 28 AFFIDAVIT re #27 Response/Resistance to Motion by Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Exhibit 1 - Email Thread Dated 1/27/24, #2 Exhibit 2 - Fulton Petition, #3 Exhibit 3 - HKFS-Anderson - Petition, #4 Exhibit 4 - Motion to Add a Third Party, #5 Exhibit 5 - Order on Injunctive Relief) (Pham, Lehoan) Modified on 3/4/2024 to add link to #19 (jlh) |
| Filing 27 RESPONSE to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction filed by Avantax Planning Partners, Inc, Avantax, Inc. (Pham, Lehoan) |
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Filing 26
ORDER Setting Hearing on Motion (17 in 2:24-cv-01002-CJW-KEM) (2 in 2:24-cv-01006-CJW-KEM) Motions for Preliminary Injunction and (5 in 2:24-cv-01006-CJW-KEM) (19 in 2:24-cv-01002-CJW-KEM) Motions to Dismiss. Motion Hearing set for 3/12/2024 09:00 AM in Ctrm 1 (2nd Floor) Cedar Rapids before Chief Judge CJ Williams. Signed by Chief Judge CJ Williams on 2/27/2024. Associated Cases: 2:24-cv-01002-CJW-KEM, 2:24-cv-01006-CJW-KEM (jag)
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Filing 25
ORDER: The Court orders that on or before Monday, 3/11/2024, Defendants must file a diversity-jurisdiction disclosure statement as required by Rule 7.1. See Order for additional details. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 2/26/2024. (jag)
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Filing 24
ORDER granting #21 & #22 Motions for Leave to Appear Pro Hac Vice for Attorneys Lehoan T Pham and Kyle D Kennedy on behalf of Plaintiff. Upon review of the motions and certificates of good standing, the Court finds the motion(s) should be granted. Signed by Clerk on 2/26/2024. (jlh)
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| Filing 23 REPLY to Response to Motion re #17 MOTION for Preliminary Injunction EXPEDITED RELIEF & ORAL ARGUMENT REQUESTED filed by Avantax Planning Partners, Inc, Avantax, Inc. (Sosna, Jeremy) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice for Attorney Kyle D. Kennedy ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4106985) by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Certificate of Good Standing) (Kennedy, Kyle) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice for Attorney Lehoan T. Pham ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4106970) by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Certificate of Good Standing) (Pham, Lehoan) |
| DOCKET Annotation re #20 Resistance to #17 Motion for Preliminary Injunction: Bound and tabbed copy received at CR clerk's office. (rjs) |
| Filing 20 RESISTANCE to #17 Motion for Preliminary Injunction filed by Michael Carignan, Mariner, LLC. (Attachments: #1 Declaration of Michael Carignan in Opposition to Renewed Motion for Preliminary Injunction, #2 Declaration of Joel Andersen in Opposition to Renewed Motion for Preliminary Injunction, #3 Exhibits A-D - Declaration of Joel Andersen, #4 Exhibit E - Part 1 - Declaration of Joel Andersen, #5 Exhibit E - Part 2 - Declaration of Joel Andersen, #6 Exhibits F-I - Declaration of Joel Andersen) (Andersen, Joel) (Attachment 1 replaced on 3/1/2024 per chambers. Document was not scanned correctly) (ksy). |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Defendant Mariner, LLC Responses due by 3/4/2024 (Attachments: #1 Memorandum in Support of Motion to Dismiss Complaint for Lack of Personal Jurisdiction, #2 Declaration of Annie Ricci Taylor in Support of Motion to Dismiss Complaint for Lack of Personal Jurisdiction, #3 Declaration of Joel Andersen in Support of Motion to Dismiss Complaint for Lack of Personal Jurisdiction (with Exhibit A), #4 Text of Proposed Order) (Andersen, Joel) |
| Filing 18 AMENDED ANSWER to #4 State Court Petition by Mariner, LLC. (Andersen, Joel) |
| Filing 17 MOTION for Preliminary Injunction by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Brief in Support of Motion for Preliminary Injuction, #2 Exhibit 1, #3 Text of Proposed Order) (Sosna, Jeremy) |
| Filing 16 CORPORATE Disclosure Statement by Avantax Planning Partners, Inc, Avantax, Inc (Sosna, Jeremy) |
| Filing 15 ANSWER to Complaint by Michael Carignan, Mariner, LLC.(Andersen, Joel) |
| Filing 14 CORPORATE Disclosure Statement by Michael Carignan, Mariner, LLC identifying Corporate Parent Mariner Wealth Advisors, LLC for Mariner, LLC. (Connolly, Katie) |
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Filing 13
ORDER granting #12 UNRESISTED MOTION for Extension of Time to File Answer. Defendants to answer or otherwise plead by 2/2/2024. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 1/30/2024. (jag)
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| Case Reassigned to Judge CJ Williams and Chief Magistrate Judge Kelly K.E. Mahoney. Magistrate Judge Mark A Roberts no longer assigned to the case due to conflict. Motions referred to Judge Kelly K.E. Mahoney. (MAR) (kms) |
| Filing 12 UNRESISTED MOTION for Extension of Time to File Answer by Defendants Michael Carignan, Mariner, LLC (Connolly, Katie) |
| Filing 11 TEXT ORDER granting #8 , #9 & #10 Motions for Leave to Appear Pro Hac Vice for Attorneys Katie Connolly, Joel Anderson & Christopher Ruska. Upon review of the motions and certificates of good standing, the Court finds the motion(s) should be granted, on the condition Attorney Christopher Ruska registers for NextGen by 1/31/2024. Signed by Clerk on 1/17/2024. (jlh) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for Attorney Christopher Ruska ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4077954) by Defendants Michael Carignan, Mariner, LLC (Attachments: #1 Certificate of Good Standing) (Visser, Kevin) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for Attorney Katie Connolly ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4077947) by Defendants Michael Carignan, Mariner, LLC (Attachments: #1 Certificate of Good Standing) (Visser, Kevin) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for Attorney Joel Andersen (Pro Hac Vice Fee $100 receipt number AIANDC-4077943) by Defendants Michael Carignan, Mariner, LLC (Attachments: #1 Certificate of Good Standing) (Visser, Kevin) Modified text on 1/16/2024 (pac). |
| Filing 7 TEXT ORDER granting #6 Motion for Leave to Appear Pro Hac Vice for Attorney Jeremy D Sosna. Upon review of the motion and certificate of good standing, the Court finds the motion should be granted. Signed by Clerk on 1/16/2024. (jlh) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for Attorney Jeremy D. Sosna ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4077134) by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Sosna, Jeremy) |
| Filing 5 DOCKET Annotation re #1 Notice of Removal: Please find the new Civil Removal Actions Case Packet attached (eSosna) (jlh) |
| Filing 4 STATE Court Petition With Jury Demand by Avantax Planning Partners, Inc, Avantax, Inc (jlh) |
| Filing 3 NOTICE to Attorney Jeremy D Sosna Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 1/26/2024. (eSosna) (jlh) |
| Filing 2 NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline due by 4/10/2024. (eSosna) (jlh) |
| Set Deadlines: Plaintiff LR 7.1 Disclosure Statement due by 2/2/2024. Defendant LR 7.1 Disclosure Statement due by 2/12/2024. (jlh) |
| Magistrate Judge Mark A Roberts added. No conflicts identified. (jlh) |
| Filing 1 NOTICE of Removal by Mariner, LLC, Michael Carignan from Iowa District Court for Dubuque County, case number CVCV115314. Defendant was served with state court petition/documents on 01/08/2024 ( Filing fee $ 405 receipt number AIANDC-4076318), filed by Mariner, LLC, Michael Carignan. Scheduling Report due by 3/11/2024 (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Local Rule 81 Statement) (Visser, Kevin) |
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