Edelman Financial Engines, LLC v. Harpsoe et al
| Edelman Financial Engines, LLC |
| Erik Harpsoe and Brian K. Fowles |
| 2:2019cv02026 |
| January 17, 2019 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Daniel D Crabtree |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 46
ORDER - Defendants Erik Harpsoe and Brian K. Fowles have moved the court to (1) stay the current deadlines related to plaintiff's Motion for Order to Show Cause (Doc. #34 ); (2) stay the Preliminary Injunction Hearing set for April 2, 2019; and (3) set a deadline for additional jurisdictional briefing. Plaintiff does not oppose the Motion (Doc. #45 ). Under D. Kan. Rule 6.1, the court grants defendants' Motion. The court stays the March 18, 2019, deadline for defendants to respond to plaintiff's Motion for Order to Show Cause (Doc. #34 ). And, the court vacates the setting for Preliminary Injunction Hearing, for April 2, 2019. The court directs defendants to file a Response to plaintiff's Supplemental Filing in Support of Subject Matter Jurisdiction (Doc. #44 ) on or before March 29, 2019. Plaintiff may file a Reply within 14 days of defendants' Response. The court will conduct a status conference once the jurisdictional issue is resolved. Signed by District Judge Daniel D. Crabtree on 03/15/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #45 Unopposed MOTION to Stay Deadlines Related to the Motion for Order to Show Cause and Prelminary Injunction Hearing, and Request to Set a Deadline for Additional Jurisdictional Briefing. The motion will be resolved by the District Judge.(rel) |
| Filing 45 Unopposed MOTION to Stay Deadlines Related to the Motion for Order to Show Cause and Prelminary Injunction Hearing, and Request to Set a Deadline for Additional Jurisdictional Briefing by Defendants Brian K. Fowles, Erik Harpsoe (Stromberg, Matthew) |
| Filing 44 SUPPLEMENT to #3 Amended Complaint in Support of Subject Matter Jurisdiction by Plaintiff Edelman Financial Engines, LLC. (Davis, Timothy) |
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Filing 43
ORDER - the court grants in part #40 plaintiff's Motion for Expedited Hearing. The court directs the parties to confer and provide the court with times to hold a telephone conference hearing on plaintiff's Motion for Order to Show Cause (Doc. 34), on the afternoon of Tuesday, March 19, 2019. The court grants in part and denies in part #42 defendants' Motion for Extension of Time. Defendants must file a Response to plaintiff's Motion for Order to Show Cause by March 18, 2019. Signed by District Judge Daniel D. Crabtree on 03/07/2019. (mig)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #42 MOTION for Extension of Time to File Response as to #34 MOTION for Order to Show Cause . The motion will be resolved by the District Judge.(rel) |
| Filing 42 MOTION for Extension of Time to File Response as to #34 MOTION for Order to Show Cause by Defendants Brian K. Fowles, Erik Harpsoe (Stromberg, Matthew) |
| Filing 41 RESPONSE by Defendants Brian K. Fowles, Erik Harpsoe re #40 MOTION to Expedite Motion for Expedited Hearing (Stromberg, Matthew) |
| Filing 40 MOTION to Expedite Motion for Expedited Hearing by Plaintiff Edelman Financial Engines, LLC (Davis, Timothy) |
| Filing 39 MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: STATUS CONFERENCE held on 3/1/2019. (Court Reporter Kim Greiner.) (mig) |
| Filing 38 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Status Conference set for 3/1/2019 at 01:30 PM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 8354715 before District Judge Daniel D. Crabtree. (mig) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #40 MOTION to Expedite Motion for Expedited Hearing. The motion will be resolved by the District Judge.(rel) |
| Filing 37 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Preliminary Injunction Hearing set for 4/2/2019 at 01:30 PM in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. (mig) |
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Filing 36
ORDER - the court's Temporary Restraining Order (Doc. #14 ) is extended until the court enters its ruling on plaintiff's request for preliminary injunction. The March 8, 2019 hearing on plaintiff's request for preliminary injunction is postponed until further order of the court. Signed by District Judge Daniel D. Crabtree on 02/28/2019. (mig)
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| Filing 35 DOCKET ANNOTATION: A redacted version of Exhibit B to the #34 MOTION for Order to Show Cause has been added to the entry and is attached to this annotation for noticing purposes ONLY. (tvn) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #34 MOTION for Order to Show Cause . The motion will be resolved by the District Judge.(rel) |
| Filing 34 MOTION for Order to Show Cause by Plaintiff Edelman Financial Engines, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Davis, Timothy) (Additional attachment(s) added on 2/26/2019: #5 Redacted Exhibit B) (tvn). |
| Filing 33 DEMAND FOR TRIAL BY JURY by Brian K. Fowles, Erik Harpsoe. (Stromberg, Matthew) |
| Filing 32 REPLY TO RESPONSE TO MOTION by Defendants Brian K. Fowles, Erik Harpsoe re: #6 MOTION to Transfer Case (Attachments: #1 Exhibit Good Declaration, #2 Exhibit Fowles Declaration, #3 Exhibit Harpsoe Declaration)(Stromberg, Matthew) |
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Filing 31
ORDER granting #30 Motion to Appear Pro Hac Vice of Eliott R. Good for Defendants pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 2/19/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) Modified on 2/19/2019 (sz).
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| Filing 30 MOTION for attorney Eliott R. Good to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4715270.) by Defendants Brian K. Fowles, Erik Harpsoe (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit, #2 Exhibit)(Rupp, Anthony) |
| Filing 29 CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendants' First Request for Production of Documents by Edelman Financial Engines, LLC. (Davis, Timothy) |
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Filing 28
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Gwynne E. Birzer on 2/12/19. (rel)
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| Filing 27 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Preliminary Injunction Hearing set for 3/8/2019 at 09:00 AM in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. (mig) |
| Filing 26 Defendants Harpsoe and Fowles ANSWER to #3 Amended Complaint by Brian K. Fowles, Erik Harpsoe.(Stromberg, Matthew) |
| Filing 25 NOTICE of Filing Bond by Edelman Financial Engines, LLC re #14 Order on Motion for TRO (Attachments: #1 Exhibit Signed Bond)(Holdmeyer, Sarah) |
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Filing 24
ORDER - Plaintiff Edelman Financial Engines, LLC, has moved to extend the deadline for posting bond by three days--i.e., up to and including February 8, 2019. Doc. #23 . Defendants do not oppose the Motion. The court, having considered plaintiff's Motion, hereby grants an extension of time to post bond, up to and including February 8, 2019. Signed by District Judge Daniel D. Crabtree on 02/06/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #23 Third MOTION for extension of time to file security bond (unopposed). The motion will be resolved by the District Judge.(rel) |
| Filing 23 Third MOTION for extension of time to file security bond (unopposed) by Plaintiff Edelman Financial Engines, LLC (Davis, Timothy) |
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Filing 22
ORDER - Plaintiff Edelman Financial Engines, LLC, has moved to extend the deadline for posting bond by five days--i.e., up to and including February 5, 2019. Doc. #19 . The court granted a two-day extension on January 30, 2019. Doc. 17. Plaintiff represents that it is working diligently with a bond provider to obtain the required bond. The court, having considered plaintiff's Motion, hereby grants an extension of time to post bond, up to and including February 5, 2019. Signed by District Judge Daniel D. Crabtree on February 5, 2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
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| Filing 21 CERTIFICATE OF SERVICE of Defendants' Requests for the Production of Documents to Plaintiff by Brian K. Fowles, Erik Harpsoe. (Stromberg, Matthew) |
| Filing 20 MEMORANDUM IN OPPOSITION by Plaintiff Edelman Financial Engines, LLC re #6 MOTION to Transfer Case (Attachments: #1 Exhibit A)(Davis, Timothy) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #19 Second MOTION for extension of time to post security bond. The motion will be resolved by the District Judge.(rel) |
| Filing 19 Second MOTION for extension of time to post security bond by Plaintiff Edelman Financial Engines, LLC (Davis, Timothy) |
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Filing 17
ORDER - Plaintiff Edelman Financial Engines, LLC, has moved to extend the deadline for posting bond by two days--i.e., up to and including January 31, 2019. Doc. #15 . Defendants do not oppose the Motion. The court, having considered plaintiff's Motion, hereby grants an extension of time to post bond, up to and including January 31, 2019. Signed by District Judge Daniel D. Crabtree on 01/30/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
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| Filing 16 TRANSCRIPT of Temporary Restraining Order held January 24, 2019 before Judge Daniel D. Crabtree, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: Sarah Holdmeyer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 4/29/2019. (kg) |
| Filing 15 Unopposed MOTION for extension of time to Post Bond by Plaintiff Edelman Financial Engines, LLC (Holdmeyer, Sarah) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #15 Unopposed MOTION for extension of time to Post Bond. The motion will be resolved by the District Judge.(rel) |
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Filing 14
MEMORANDUM AND ORDER granting #4 Motion for Temporary Restraining Order. See Order for details. Signed by District Judge Daniel D. Crabtree on 01/25/2019. (mig)
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| Filing 18 MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: MOTION HEARING held on 1/24/2019 re #4 MOTION for Temporary Restraining Order and Memorandum in Support filed by Edelman Financial Engines, LLC. (Court Reporter Kim Greiner.) (Attachments: #1 Exhibit List) (mig) |
| Filing 13 RESPONSE by Defendants Brian K. Fowles, Erik Harpsoe re #4 MOTION for Temporary Restraining Order and Memorandum in Support of Supplemental Response (Attachments: #1 Exhibit Stip. Prelim. Inj. Case No. 2:18-cv-02619, #2 Exhibit Declarations of Fowles and Harpsoe)(Stromberg, Matthew) |
| Filing 12 MEMORANDUM IN SUPPORT of #4 MOTION for Temporary Restraining Order and Memorandum in Support Plaintiff's Second Supplemental Memorandum in Support of its Motion for Temporary Restraining Order by Plaintiff Edelman Financial Engines, LLC(Brandt, W.) |
| Filing 11 MEMORANDUM IN SUPPORT of #4 MOTION for Temporary Restraining Order and Memorandum in Support by Plaintiff Edelman Financial Engines, LLC(Brandt, W.) |
| Filing 10 ENTRY OF APPEARANCE by Sarah Otto on behalf of Brian K. Fowles, Erik Harpsoe (Otto, Sarah) |
| Filing 9 ENTRY OF APPEARANCE by Anthony F. Rupp on behalf of Brian K. Fowles, Erik Harpsoe (Rupp, Anthony) |
| Filing 8 RESPONSE by Defendants Brian K. Fowles, Erik Harpsoe re #4 MOTION for Temporary Restraining Order and Memorandum in Support (Stromberg, Matthew) |
| Filing 7 MEMORANDUM IN SUPPORT of #6 MOTION to Transfer Case by Defendants Brian K. Fowles, Erik Harpsoe(Stromberg, Matthew) |
| Filing 6 MOTION to Transfer Case by Defendants Brian K. Fowles, Erik Harpsoe (Stromberg, Matthew) |
| Filing 5 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #4 MOTION for Temporary Restraining Order and Memorandum in Support : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 1/24/2019 at 10:30 AM in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. (mig) |
| Filing 4 MOTION for Temporary Restraining Order and Memorandum in Support by Plaintiff Edelman Financial Engines, LLC (Davis, Timothy) |
| Filing 3 AMENDED COMPLAINT (Verified) against Brian K. Fowles, Erik Harpsoe, filed by Edelman Financial Engines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, Timothy) |
| Filing 2 ENTRY OF APPEARANCE by W. Perry Brandt on behalf of Edelman Financial Engines, LLC (Brandt, W.) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
| SUMMONS ISSUED as to Brian K. Fowles, Erik Harpsoe. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4688305.), filed by Edelman Financial Engines, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Civil Cover Sheet)(Davis, Timothy) |
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