Waked et al v. Kerr et al
| Shawn Jeremy Waked and Theresa Irene Stone |
| Kathleen Alexandria Kerr, Timothy James Rivera and Jane Terry |
| 1:2022cv00596 |
| August 11, 2022 |
| US District Court for the District of New Mexico |
| James O Browning |
| Jerry H Ritter |
| John F Robbenhaar |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
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Filing 28
MOTION for Leave to File Excess Pages - Reply Brief by Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry. (Abell, David)
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Filing 27
NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 22. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
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Filing 26
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 25
NOTICE by Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry re #23 Response to Motion,,,, AGREED EXTENSION OF DEADLINE TO FILE REPLY (Abell, David)
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Filing 23
RESPONSE to Motion re #20 MOTION to Vacate Arbitration Award and REPLY IN SUPPORT OF PLAINTIFFS MOTION TO CONFIRM ARBITRATION AWARD filed by Theresa Irene Stone, Shawn Jeremy Waked. (Attachments: #1 Exhibit 1 - Pratt Declaration re Exhibits, #2 Exhibit 2 - Terry email about Investment Central (Claimant Ex. 464), #3 Exhibit 3 - Filed under Seal, #4 Exhibit 4 - text messages re Kate defamation (Claimants' Ex. 713, 715), #5 Exhibit 5 - Filed under Seal, #6 Exhibit 6 - Filed under Seal, #7 Exhibit 7 - Excerpts of TJR and KK re Claimants' Exhibits 213 and 214, #8 Exhibit 8 - Waked-Stone-Terry Agreement for Purchase and Sale (Claimants' Ex. 164, redacted), #9 Exhibit 9 - emails negotiating PSA (Claimant's Ex. 180), #10 Exhibit 10 - Excerpts of TJR and KK re WS as third-party-beneficiaries, #11 Exhibit 11 - Kerr-Rivera-Terry counterclaim excerpts, #12 Exhibit 12 - Matasar refusal to produce transcripts, #13 Exhibit 13 - Neftin email re recordings, #14 Exhibit 14 - 2021 Order regarding submission agreements for Maestro) (Pratt, Reagan)
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Filing 21
NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 14 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (khs)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 20
MOTION to Vacate Arbitration Award by Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry. (Attachments: #1 Affidavit Exhibit A - Executed Declaration of S. Matasar 8.24.22, #2 Exhibit Exhibit 1 to Dec - KRT Amended AS-Counterclaim-Third Party SOC 3.29.21, #3 Exhibit Exhibit 2 to Dec - KRT Executed FINRA Submission Agreement, #4 Exhibit Exhibit 3 to Dec - SAI Sub Agreement & AS, #5 Exhibit Exhibit 4 to Dec - Letter Briefing to FINRA, #6 Exhibit Exhibit 5 to Dec - No Objections to Letter Briefing Filed, #7 Exhibit Exhibit 6 to Dec - Order on June 7, 2021 Hearing, #8 Exhibit Exhibit 7 to Dec - KRT Pre-Hearing Brief 5.24.22, #9 Exhibit Exhibit 8 to Dec - SAI Prehearing Brief, #10 Exhibit Exhibit 9 to Dec - Neftin Email re Missing Record, #11 Exhibit Exhibit 10 to Dec - Award Service Letter, #12 Exhibit Exhibit 11 to Dec - Executed Award in 21-00097, #13 Exhibit Exhibit B - KerrRivera Maestro Contracts, #14 Exhibit Exhibit C - Beginning Transcript, #15 Exhibit Exhibit D - Relevant Portions of Claimants' closing, #16 Exhibit Exhibit E - MTD Arguments Post Claimants' Case in Chief, #17 Exhibit Exhibit F - MTD at closing) (Abell, David)
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Filing 19
NOTICE by Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry Certificate of Good Standing of Co-Counsel Fleming (Abell, David)
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Filing 18
NOTICE by Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry Certificate of Good Standing of Co-Counsel Matasar (Abell, David)
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Filing 17
ASSOCIATION of Attorney Licensed Outside the District for Defendants Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry by David J. Abell on behalf of: Jennifer A. Lesny Fleming Matasar Jacobs LLC 1111 Superior Ave., Suite 1355Cleveland, OH 44114 216.453.8180 jfleming@matasarjacobs.com (Association Dues - Online Payment) (Abell, David)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 16
ASSOCIATION of Attorney Licensed Outside the District for Defendants Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry by David J. Abell on behalf of: Scott Matasar Matasar Jacobs LLC 1111 Superior Ave., Suite 1355Cleveland, OH 44114 216.453.8181 smatasar@matasarjacobs.com (Association Dues - Online Payment) (Abell, David)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 15
NOTICE of Appearance by David J. Abell on behalf of All Defendants (Abell, David)
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Association Dues Received: $ 100 receipt number ANMDC-8427997 re: # 16 Association of Attorney Licensed Outside the District, filed by Timothy James Rivera, Jane Terry, Kathleen Alexandria Kerr (Payment made via Pay.gov)(Abell, David)
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Association Dues Received: $ 100 receipt number ANMDC-8427998 re: # 17 Association of Attorney Licensed Outside the District, filed by Timothy James Rivera, Jane Terry, Kathleen Alexandria Kerr (Payment made via Pay.gov)(Abell, David)
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Filing 14
SUMMONS Returned Executed by Shawn Jeremy Waked, Theresa Irene Stone. Timothy James Rivera served on 8/15/2022, answer due 9/6/2022. (Ingram, Stephen)
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Filing 13
SUMMONS Returned Executed by Shawn Jeremy Waked, Theresa Irene Stone. Jane Terry served on 8/15/2022, answer due 9/6/2022. (Ingram, Stephen)
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Filing 12
SUMMONS Returned Executed by Shawn Jeremy Waked, Theresa Irene Stone. Kathleen Alexandria Kerr served on 8/15/2022, answer due 9/6/2022. (Ingram, Stephen)
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Filing 11
ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Theresa Irene Stone, Shawn Jeremy Waked by Stephen Ingram on behalf of: Paul Flack Pratt & Flack, LLP 4306 Yoakum Blvd., Suite 500Houston, TX 77006 713-705-3087 pflack@prattflack.com (Association Dues - Online Payment) (Ingram, Stephen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 10
ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Theresa Irene Stone, Shawn Jeremy Waked by Stephen Ingram on behalf of: Reagan Pratt Pratt & Flack 4306 Yoakum Blvd., Suite 500Houston, TX 77006 731-705-77006 rpratt@prattflack.com (Association Dues - Online Payment) (Ingram, Stephen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 9
**FILED IN ERROR**AFFIDAVIT of Service for Summons served on Timothy James Rivera on 08/15/2022, filed by Theresa Irene Stone, Shawn Jeremy Waked. (Ingram, Stephen) Modified on 8/18/2022 (dr).
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Filing 8
**FILED IN ERROR**AFFIDAVIT of Service for Summons served on Kathleen Alexandrea Kerr on 08/15/2022, filed by Theresa Irene Stone, Shawn Jeremy Waked. (Ingram, Stephen) Modified on 8/18/2022 (dr).
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Filing 7
**FILED IN ERROR**AFFIDAVIT of Service for Summons served on Jane Terry on 08/15/2022, filed by Theresa Irene Stone, Shawn Jeremy Waked. (Ingram, Stephen) Modified on 8/18/2022 (dr).
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Association Dues Received: $ 100 receipt number ANMDC-8417543 re: # 11 Association of Attorney Licensed Outside the District, filed by Shawn Jeremy Waked, Theresa Irene Stone (Payment made via Pay.gov)(Ingram, Stephen)
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**FILED IN ERROR**Association Dues Received: $ 100 receipt number ANMDC-8417539 re: # 10 Association of Attorney Licensed Outside the District, filed by Shawn Jeremy Waked, Theresa Irene Stone (Payment made via Pay.gov)(Ingram, Stephen) Modified on 8/17/2022, refund requested, duplicate payment, re Document 4 (snw).
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Filing 6
NOTICE by Theresa Irene Stone, Shawn Jeremy Waked Good Standing of Co-Counsel Reagan D. Pratt (Ingram, Stephen)
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Filing 5
NOTICE by Theresa Irene Stone, Shawn Jeremy Waked Good Standing of Co-Counsel Paul Flack (Ingram, Stephen)
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Summons Issued as to Kathleen Alexandria Kerr, Timothy James Rivera, Jane Terry. (bp)
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Filing 4
**FILED IN ERROR**ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Theresa Irene Stone, Shawn Jeremy Waked by Reagan Pratt (Association Dues - Online Payment) (Pratt, Reagan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 8/12/2022 (snw).
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Filing 3
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 2
NOTICE by Theresa Irene Stone, Shawn Jeremy Waked re #1 Complaint,, Civil Cover Sheet (Ingram, Stephen)
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Filing 1
COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by Shawn Jeremy Waked, Theresa Irene Stone. (Attachments: #1 Exhibit Award, #2 Exhibit Terry Motion to Dismiss and Compel Arbitration, #3 Exhibit Terry Reply in Support of Motion to Dismiss and Compel Arbitration, #4 Exhibit State Court Order Granting Motion to Dismiss and Compel Arbitration, #5 Exhibit Claimants' Statement of Claim, #6 Exhibit Jane Terry's Submission Agreement, #7 Exhibit Kathleen Kerr's Submission Agreement, #8 Exhibit Timothy J. Rivera's Submission Agreement, #9 Exhibit Claimants' Submission Agreement)(Ingram, Stephen)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8409086 re #1 Complaint,, filed by Shawn Jeremy Waked, Theresa Irene Stone (Payment made via Pay.gov)(Ingram, Stephen)
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Association Dues Received: $ 100 receipt number ANMDC-8409827 re: # 4 Association of Attorney Licensed Outside the District, filed by Shawn Jeremy Waked, Theresa Irene Stone (Payment made via Pay.gov)(Pratt, Reagan)
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United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Jerry H. Ritter assigned. (jg)
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