Avantax Planning Partners, Inc et al v. Nelson et al
| Avantax Planning Partners, Inc and Avantax, Inc |
| Molly Nelson and Mariner, LLC doing business as Mariner Wealth Advisors |
| 2:2024cv01006 |
| February 2, 2024 |
| US District Court for the Northern District of Iowa |
| Judge Kelly KE Mahoney |
| CJ Williams |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #29 and 33 Joint Motions to Stay in 2:24-cv-01006-CJW-KEM and 2:24-cv-01002-CJW-KEM. All proceedings and deadlines are stayed until 4/4/2024, by which the Court orders the parties to file a status report to advise the Court whether mediation was successful and whether resuming the litigation is necessary. If resuming the litigation is necessary, the Court orders the parties to confer and jointly submit a revised briefing schedule for all pending motions. Any such revised briefing scheduled must be submitted by 4/4/2024. Signed by Chief Judge CJ Williams on 4/1/2024. (mmc)
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| Filing 29 JOINT MOTION to Stay All Proceedings and Deadlines and Status Report by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Text of Proposed Order) (Sosna, Jeremy) |
| ***Civil Case Administratively Closed pursuant to #30 and 34 Orders in 2:24-cv-01002-CJW-KEM, 2:24-cv-01006-CJW-KEM (mmc) |
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Filing 28
ORDER: The Court finds it appropriate to grant the parties' 31 and #27 joint motions consistent with their proposed stay of these cases. Thus, all proceedings and deadlines are stayed until 4/1/2024, by which date the Court orders the parties to file a status report to advise the Court whether mediation was successful or resuming the litigation is necessary. If mediation is unsuccessful, the Court orders the parties to confer and jointly submit a revised briefing schedule for all pending motions. Any such revised briefing schedule must be submitted by 4/1/2024. The hearing scheduled for Tuesday, 3/12/2024, at 9:00 a.m. is cancelled. Signed by Chief Judge CJ Williams on 3/11/2024. Associated Cases: 2:24-cv-01002-CJW-KEM, 2:24-cv-01006-CJW-KEM (jag)
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| Filing 27 JOINT MOTION to Stay All Deadlines and Proceedings by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Sosna, Jeremy) |
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Filing 26
TEXT ORDER granting #25 Motion for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss for Lack of Jurisdiction or to Transfer or Stay . The deadline for defendants Molly Nelson and Mariner to file a Reply is extended to no later than 12:00 p.m. on 3/11/2024. Signed by Chief Judge CJ Williams on 3/8/2024. (skv)
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| Filing 25 MOTION for Extension of Time to File Resistance/Reply as to #5 MOTION to Dismiss for Lack of Jurisdiction or to Transfer or Stay by Defendants Mariner, LLC, Molly Nelson (Andersen, Joel) |
| Filing 24 DECLARATION re #23 Response to Motion by Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Exhibit 1 - Dkt. Report from MT Case and Original MT Complaint, #2 Exhibit 2 - MOL in Sjpport of Motion to Dismiss and Compel Arbitration, #3 Exhibit 3 - Nelson Response to MTD and Compel Arbitration) (Pham, Lehoan) Modified on 3/4/2024 to add link to #5 Motion and to note documents should have been filed as attachments at #23 . Attorney has been notified pursuant to CJW okay for this time-no need to refile. (des) |
| Filing 23 RESPONSE to Motion re #5 MOTION to Dismiss for Lack of Jurisdiction or to Transfer or Stay filed by Avantax Planning Partners, Inc, Avantax, Inc. (Pham, Lehoan) |
| Filing 22 PLAINTIFFS' Reply Brief in Support of #2 Motion for Preliminary Injunction by Avantax Planning Partners, Inc, Avantax, Inc (klh) |
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Filing 21
ORDER granting #20 Motion for Leave to File Overlength Brief. The Clerk of Court is directed to detach and file plaintiffs' Reply in Support of Their Motion for a Preliminary Injunction attached at Doc. #20 -1. Signed by Chief Judge CJ Williams on 2/29/2024. (klh)
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| Filing 20 MOTION for Leave to File Overlength Brief by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Exhibit A - Plaintiff's Reply in Support of Their Motion for a Preliminary Injunction) (Kennedy, Kyle) |
| Filing 19 TEXT ORDER granting #18 Motion for Leave to Appear Pro Hac Vice for Attorney Jeremy D Sosna on behalf of Plaintiffs Avantax Planning Partners Inc and Avantax Inc. Upon review of the motion and certificate of good standing, the Court finds the motion should be granted. Signed by Clerk on 2/29/2024. (des) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for Attorney Jeremy D. Sosna ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4110167) by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Sosna, Jeremy) |
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Filing 17
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 16 TEXT ORDER granting #14 and #15 Motions for Leave to Appear Pro Hac Vice for Attorneys Kyle D Kennedy and Lehoan T Pham on behalf of Plaintiffs Avantax Planning Partners Inc and Avantax Inc. Upon review of the motions and certificates of good standing, the Court finds the motions should be granted. Signed by Clerk on 2/26/2024. (des) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice for Attorney Lehoan T. Pham ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4106942) by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Certificate of Good Standing) (Pham, Lehoan) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice for Attorney Kyle D. Kennedy ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4106897) by Plaintiffs Avantax Planning Partners, Inc, Avantax, Inc (Attachments: #1 Certificate of Good Standing) (Kennedy, Kyle) |
| Filing 13 RESISTANCE to Motion re #2 MOTION for Preliminary Injunction *AMENDED* filed by Mariner, LLC, Molly Nelson. (Visser, Kevin) |
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Filing 12
ORDER granting #10 Motion for Leave to File Supplemental, Overlength Brief. Defendants have until close of business on Friday, 2/23/2024, to file their amended overlength brief as an "Amended Resistance" in opposition to plaintiffs' #2 Motion for Preliminary Injunction. Signed by Chief Judge CJ Williams on 2/22/2024. (jag)
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| Filing 11 TEXT ORDER granting #7 , #8 and #9 Motions for Leave to Appear Pro Hac Vice for Attorneys Joel Andersen, Katie M Connolly and Christopher T Ruska on behalf of Defendants Mariner LLC and Molly Nelson. Upon review of the motions and certificates of good standing, the Court finds the motions should be granted. Signed by Clerk on 2/21/2024. (des) |
| Filing 10 MOTION for Leave to File Supplemental Brief and Overlength Brief Expedited Relief Requested by Defendants Mariner, LLC, Molly Nelson. (Attachments: #1 Exhibit A - Proposed Brief) (Visser, Kevin) Modified text on 2/22/2024 (kms). |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for Attorney Christopher T. Ruska ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4103965) by Defendants Mariner, LLC, Molly Nelson (Attachments: #1 Certificate of Good Standing) (Ruska, Christopher) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for Attorney Katie M. Connolly ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4103947) by Defendants Mariner, LLC, Molly Nelson (Attachments: #1 Certificate of Good Standing) (Connolly, Katie) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for Attorney Joel Andersen ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4103938) by Defendants Mariner, LLC, Molly Nelson (Attachments: #1 Certificate of Good Standing) (Andersen, Joel) |
| ***Attorney Kevin J Visser added for Defendants Mariner LLC and Molly Nelson. No conflicts identified. Attorney admission verified. Attorney Joel Andersen terminated. (des) |
| Filing 6 RESISTANCE to Motion re #2 MOTION for Preliminary Injunction filed by Mariner, LLC, Molly Nelson. (Attachments: #1 Declaration of Molly Nelson in Opposition to Motion for Preliminary Injunction, #2 Declaration of Katie Connolly in Opposition to Motion for Preliminary Injunction (with Exhibits A-D)) (Andersen, Joel) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction or to Transfer or Stay by Defendants Mariner, LLC, Molly Nelson Responses due by 3/4/2024 (Attachments: #1 Memorandum in Support of Motion to Dismiss or Transfer or Stay, #2 Declaration of Molly Nelson in Support of Motion to Dismiss or Transfer or Stay, #3 Declaration of Annie Ricci Taylor in Support of Motion to Dismiss or Transfer or Stay, #4 Declaration of Katie Connolly n Support of Motion to Dismiss or Transfer or Stay (with Exhibits A-B), #5 Text of Proposed Order) (Andersen, Joel) |
| Filing 4 Summons Issued as to All Defendants ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 Civil Actions new case packet) (des) |
| Filing 3 CORPORATE Disclosure Statement by Avantax Planning Partners, Inc., Avantax, Inc. (Luthens, Alenah) |
| Filing 2 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) (Luthens, Alenah) |
| Filing 1 COMPLAINT With Jury Demand against Mariner, LLC, Molly Nelson ( Filing fee $ 405 receipt number AIANDC-4092104.), filed by Avantax Planning Partners, Inc., Avantax, Inc.. Scheduling Report due by 5/2/2024 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (Luthens, Alenah) |
| Judge CJ Williams and Chief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (des) |
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