Personal Wealth Partners, LLC v. Ryberg et al
| Personal Wealth Partners, LLC |
| Gary Dean Ryberg and Kestra Investment Services, LLC |
| 0:2021cv02722 |
| December 22, 2021 |
| US District Court for the District of Minnesota |
| David T Schultz |
| Wilhelmina M Wright |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 48 (Text-Only) NOTICE of Resetting of Hearing: The Motion Hearing on #28 Motion to Dismiss, Motion to Transfer/Change Venue and #30 Motion to Dismiss is RESCHEDULED to 4/21/2022 at 10:30 AM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (RJE) |
| Filing 47 Reply to Response to Motion re #30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Kestra Investment Services, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Andersen, Joel) |
| Filing 46 Declaration of Lauren M. Weber in Support of #28 MOTION to Dismiss/General MOTION to Transfer/Change Venue filed by Gary Dean Ryberg. (Attachments: #1 Exhibit(s) 1)(Weber, Lauren) |
| Filing 45 Second Declaration of Gary Ryberg in Support of #28 MOTION to Dismiss/General MOTION to Transfer/Change Venue filed by Gary Dean Ryberg. (Attachments: #1 Exhibit(s) 1-3)(Weber, Lauren) |
| Filing 44 Reply to Response to Motion re #28 MOTION to Dismiss/General MOTION to Transfer/Change Venue filed by Gary Dean Ryberg. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weber, Lauren) |
| Filing 43 MEMORANDUM in Opposition re #28 MOTION to Dismiss/General MOTION to Transfer/Change Venue, #30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Personal Wealth Partners, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dayhoff, Aimee) |
Filing 42
ORDER/NOTICE FOR PRETRIAL CONFERENCE: Parties are directed to Meet and Confer by 3/1/2022. Rule 26 Meeting Report due by 3/1/2022. Pretrial Conference set for 3/8/2022 at 09:30 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 1/21/2022. (Attachments: #1 Consent Form) (TJB)
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| Filing 41 JUDGMENT (Attachments: #1 Civil Notice - appeal)(CLK) |
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Filing 40
ORDER. IT IS HEREBY ORDERED that Plaintiff Personal Wealth Partners, LLC's #8 motion for a temporary restraining order and expedited preliminary injunction #8 is DENIED. (Written Opinion) Signed by Judge Wilhelmina M. Wright on 1/18/2022. (RJE) Modified text on 1/19/2022 (CLK).
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| Filing 39 PROPOSED ORDER TO JUDGE re Motion to Dismiss #30 Motion to Dismiss/General. (Andersen, Joel) |
| Filing 38 MEET and CONFER STATEMENT re #30 Motion to Dismiss/General filed by Kestra Investment Services, LLC.(Andersen, Joel) |
| Filing 37 Declaration of Shawn Shook in Support of #30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Kestra Investment Services, LLC. (Attachments: #1 Exhibit(s) A)(Andersen, Joel) |
| Filing 36 PROPOSED ORDER TO JUDGE re #28 MOTION to Dismiss/General, MOTION to Transfer/Change Venue, filed by Gary Dean Ryberg.(Weber, Lauren) Modified text on 1/14/2022 (lmb). |
| Filing 35 Declaration of Gary Ryberg in Support of #28 MOTION to Dismiss/General, MOTION to Transfer/Change Venue, filed by Gary Dean Ryberg. (Attachments: #1 Exhibit(s) 1)(Weber, Lauren) Modified text on 1/14/2022 (lmb). |
| Filing 34 MEMORANDUM in Support re #30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Kestra Investment Services, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Andersen, Joel) |
| Filing 33 MEMORANDUM in Support re #28 MOTION to Dismiss/General, MOTION to Transfer/Change Venue, filed by Gary Dean Ryberg. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weber, Lauren) Modified text on 1/14/2022 (lmb). |
| Filing 32 NOTICE OF HEARING ON MOTION #30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) : Motion Hearing set for 3/3/2022 at 09:00 AM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (Andersen, Joel) |
| Filing 31 MEET and CONFER STATEMENT re #28 MOTION to Dismiss/General, MOTION to Transfer/Change Venue filed by Gary Dean Ryberg.(Weber, Lauren) Modified text on 1/14/2022 (lmb). |
| Filing 30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Kestra Investment Services, LLC. (Andersen, Joel) |
| Filing 29 NOTICE OF HEARING ON MOTION #28 MOTION to Dismiss/General, MOTION to Transfer/Change Venue: Motion Hearing set for 3/3/2022 at 09:00 AM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (Weber, Lauren) Modified text on 1/14/2022 (lmb). |
| Filing 28 MOTION to Dismiss/General. MOTION to Transfer/Change Venue, filed by Gary Dean Ryberg. (Weber, Lauren). (Added MOTION to Transfer/Change Venue on 1/14/2022) (lmb). |
| Filing 27 Second Declaration of Daniel E. Steichen in Support of #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Dayhoff, Aimee) |
| Filing 26 REPLY re #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dayhoff, Aimee) |
| Filing 25 AFFIDAVIT in Support re #21 Order to Party File Document/Respond to Court regarding principal place of business of Kestra Financial, Inc.. (Lobas, Richard) |
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Filing 24
(Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Richard Thomas Lobas for Kestra Investment Services, LLC. Approved by Magistrate Judge David T. Schultz on 1/3/2022. (NAH)
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| Filing 23 DECLARATION of Ashley Green in Opposition to #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Kestra Investment Services, LLC. (Attachments: #1 Exhibit(s) A-F)(Andersen, Joel) |
| Filing 22 MEMORANDUM in Opposition re #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Kestra Investment Services, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Andersen, Joel) |
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Filing 21
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. Signed by Magistrate Judge David T. Schultz on 12/30/2021. (TJB)
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| Filing 20 DECLARATION of Lauren M. Weber in Opposition to #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Gary Dean Ryberg. (Attachments: #1 Exhibit(s) 1)(Weber, Lauren) |
| Filing 19 DECLARATION of Gary Dean Ryberg in Opposition to #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Gary Dean Ryberg. (Attachments: #1 Exhibit(s) 1-5)(Weber, Lauren) |
| Filing 18 MEMORANDUM in Opposition re #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Gary Dean Ryberg. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weber, Lauren) |
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Filing 17
ORDER on #15 Stipulation. Kestra Investment Services, LLC answer due 1/12/2022; Gary Dean Ryberg answer due 1/12/2022. Signed by Magistrate Judge David T. Schultz on 12/28/2021. (TJB)
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| Filing 16 PROPOSED ORDER TO JUDGE re #15 Stipulation. (Weber, Lauren) |
| Filing 15 STIPULATION for Extension of Time for Defendants to Answer or Otherwise Plead by Gary Dean Ryberg. Jointly Signed by Personal Wealth Partners, LLC and Kestra Investment Services, LLC. (Weber, Lauren) |
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Filing 14
BRIEFING ORDER. See order for dates and details. Signed by Judge Wilhelmina M. Wright on 12/24/2021. (DAC)
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| Filing 13 PROPOSED ORDER TO JUDGE re #8 Motion to Expedite, Motion for TRO. (Dayhoff, Aimee) |
| Filing 12 Declaration of Daniel E. Steichen in Support of #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit(s) A-F)(Dayhoff, Aimee) |
| Filing 11 Declaration of Aime D. Dayhoff in Support of #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit(s) A)(Dayhoff, Aimee) |
| Filing 10 MEMORANDUM in Support re #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dayhoff, Aimee) |
| Filing 9 NOTICE OF HEARING ON MOTION #8 MOTION to Expedite Preliminary Injunction MOTION for Temporary Restraining Order - Expedited Handling Requested : Date and time to be determined. (Dayhoff, Aimee) |
| Filing 8 MOTION to Expedite Preliminary Injunction, MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Dayhoff, Aimee) |
| Filing 7 (Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (RJE) |
| Filing 6 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per 3rd/4th Master list, referred to Magistrate Judge David T. Schultz. Please use case number 21-cv-2722 WMW/DTS. (MMG) |
| Filing 5 MOTION for Admission Pro Hac Vice for Attorney Richard T. Lobas. Filing fee $ 100, receipt number AMNDC-9225774 filed by Kestra Investment Services, LLC. (Andersen, Joel) |
| Filing 4 NOTICE of Appearance by Andrew Peterson on behalf of Kestra Investment Services, LLC. (Peterson, Andrew) |
| Filing 3 NOTICE of Appearance by Joel Andersen on behalf of Kestra Investment Services, LLC. (Andersen, Joel) |
| Filing 2 CERTIFICATE OF SERVICE by Gary Dean Ryberg re #1 Notice of Removal,, (Weber, Lauren) |
| Filing 1 NOTICE OF REMOVAL from Hennepin County District Court, case number 27-CV-21-14663 (filing fee $ 402, receipt number AMNDC-9224709) filed by Gary Dean Ryberg. No summons requested. (Attachments: #1 Exhibit(s) A (Summons and Complaint, #2 Exhibit(s) B (Notice of Motion), #3 Exhibit(s) C (Memo), #4 Exhibit(s) D (Declaration), #5 Exhibit(s) E (Proposed Order), #6 Exhibit(s) F (Amended Motion), #7 Exhibit(s) G (Second Declaration), #8 Exhibit(s) H (Declaration), #9 Exhibit(s) I (State Court Notice of Removal), #10 Civil Cover Sheet) (Weber, Lauren) |
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