Personal Wealth Partners, LLC v. Ryberg et al
Plaintiff: Personal Wealth Partners, LLC
Defendant: Gary Dean Ryberg and Kestra Investment Services, LLC
Counter Defendant: Daniel E. Steichen
Case Number: 1:2022cv00144
Filed: August 29, 2022
Court: US District Court for the District of North Dakota
Presiding Judge: Clare R Hochhalter
Referring Judge: Daniel M Traynor
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2023 DOCKET CORRECTION re: #114 SUPPLEMENT and #116 SEALED DOCUMENT. Clerk's Office corrected/added link to #104 AFFIDAVIT per 7/26/2023 docket correction. Re: #117 REDACTION. Clerk's Office added link. (sc)
August 9, 2023 Filing 117 REDACTION PWP's 30(b)(6) Deposition Transcript re #116 SEALED DOCUMENT by Personal Wealth Partners, LLC. (Pathroff, Robert) Modified to add link on 8/10/2023 (sc).
August 9, 2023 Filing 116 SEALED DOCUMENT PWP's 30(b)(6) Deposition Transcript re #104 AFFIDAVIT by Personal Wealth Partners, LLC. (Pathroff, Robert) Modified to add link per docket correction at 7/26/2023 on 8/10/2023 (sc).
August 8, 2023 Opinion or Order Filing 115 (Text Only) ORDER by Judge Daniel M. Traynor granting #112 Motion to Seal Document. Counsel is directed to file an unredacted copy of the transcript found at Docket Entry 106-4 under seal and to publicly file a redacted copy as noted in the Motion. (CK)
August 7, 2023 Filing 114 SUPPLEMENT Deposition Transcript of Gary Dean Ryberg to document: #104 AFFIDAVIT by Gary Dean Ryberg. (Weber, Lauren) Modified to correct link per 7/26/2023 docket correction on 8/10/2023 (sc).
August 7, 2023 Filing 113 MEMORANDUM in Support re #112 MOTION to Seal Document filed by Personal Wealth Partners, LLC. (Attachments: #1 Proposed Sealed Document PWP's 30(b)(6) deposition transcript)(Pathroff, Robert) Modified on 8/8/2023 to remove unnecessary docket text. (jb)
August 7, 2023 Filing 112 MOTION to Seal Document by Personal Wealth Partners, LLC. (Pathroff, Robert) Modified on 8/8/2023 to remove unnecessary docket text. (jb)
August 1, 2023 Filing 111 AFFIDAVIT of Olga Tymouch re #110 Reply to Response to Motion by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit A- email from Ashley Green, Kestra Employee to Ryberg dated 5.27.21)(Pathroff, Robert)
August 1, 2023 Filing 110 REPLY to Response to Motion re #99 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a)MOTION to Stay Pending Motions to Dismiss filed by Personal Wealth Partners, LLC. (Pathroff, Robert)
July 31, 2023 Opinion or Order Filing 109 ORDER by Judge Daniel M. Traynor denying #106 Motion for Leave to File Under Seal. (AV)
July 28, 2023 Opinion or Order Filing 108 (Text Only) ORDER by Judge Daniel M. Traynor granting #107 Motion for Leave to File Excess Pages. Plaintiff's Reply shall not exceed 14 pages. (AV)
July 27, 2023 Filing 107 MOTION for Leave to File Excess Pages on Reply Memorandum in Support of Its Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and Motion to Stay Pending Motions to Dismiss by Personal Wealth Partners, LLC. (Pathroff, Robert)
July 27, 2023 Filing 106 MOTION for Leave to File Under Seal by Gary Dean Ryberg. (Attachments: #1 Memorandum in Support, #2 Declaration of Lauren M. Weber, #3 Proposed Sealed Document, #4 Proposed Sealed Document)(Weber, Lauren)
July 26, 2023 DOCKET CORRECTION re: #104 Affidavit of Lauren M. Weber. Partial deposition transcripts filed. Per Local Rule, filer should re-file complete transcripts using the Supplement event and link it to document #104 . (jb)
July 25, 2023 Filing 105 RESPONSE to Motion re #99 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a)MOTION to Stay Pending Motions to Dismiss filed by Kestra Investment Services, LLC. (Lobas, Richard)
July 25, 2023 Filing 104 AFFIDAVIT of Lauren M. Weber in Opposition re #99 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a)MOTION to Stay Pending Motions to Dismiss by Gary Dean Ryberg. (Attachments: #1 Exhibit 1 - Ryberg Depo Excerpts, #2 Exhibit 2 - PWP 30b6 Depo Excerpts)(Weber, Lauren)
July 25, 2023 Filing 103 RESPONSE to Motion re #99 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a)MOTION to Stay Pending Motions to Dismiss filed by Gary Dean Ryberg. (Weber, Lauren)
July 11, 2023 Filing 102 AFFIDAVIT of Olga Tymouch re #100 MEMORANDUM in Support by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit A - Ryberg's Declaration in Opposition to PWP's Motion for Temporary Injunction, #2 Exhibit B - Declaration of Daniel Steichen in Support of Motion for Temporary Injunction, #3 Exhibit C- Second Declaration of Daniel E. Steichen in Support of Plaintiff's Motion for Temporary Injunction, #4 Exhibit D - Gary Ryberg's Declaration in Support of Motion to Dismiss, or in the Alternative, Transfer Venue, #5 Exhibit E - Answers to Plaintiff's First Set of Interrogatories, #6 Exhibit F - deposition transcript of Gary Ryberg, #7 Exhibit G - Email from Ryberg to Ashley Green dated 5.26.21, #8 Exhibit H - Affidavit of Non-Service on Joyce Hess, #9 Exhibit I - Affidavit of Service for Doug Taylor)(Pathroff, Robert) (Attachments 1, 2, 3 and 4 replaced on 7/12/2023 to remove overlapping filing headers) (cjs). Regenerated on 7/12/2023 (cjs).
July 11, 2023 Filing 101 AFFIDAVIT of Daniel E. Steichen re #100 MEMORANDUM in Support by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit A - 1.6.16 email re offer of employment, #2 Exhibit B - Offer Letter sent to Ryberg on 1.6.16, #3 Exhibit C - signed Employment Agreement)(Pathroff, Robert)
July 11, 2023 Filing 100 MEMORANDUM in Support re #99 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a)MOTION to Stay Pending Motions to Dismiss filed by Personal Wealth Partners, LLC. (Pathroff, Robert)
July 11, 2023 Filing 99 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a), MOTION to Stay Pending Motions to Dismiss by Personal Wealth Partners, LLC. (Pathroff, Robert)
June 23, 2023 Opinion or Order Filing 98 ORDER staying dispositive motion deadline pending further order. By Magistrate Judge Clare R. Hochhalter (BG)
March 27, 2023 Opinion or Order Filing 97 (Text Only) ORDER Adopting Stipulation re #96 Stipulation filed by Gary Dean Ryberg. Discovery due by 6/30/2023, Dispositive Motions due by 7/31/2023, Nondispositive Motions due by 7/31/2023. By Magistrate Judge Clare R. Hochhalter.(LC)
March 27, 2023 DOCKET CORRECTION re: #96 Stipulation. Clerk's office added link. (mf)
March 24, 2023 Filing 96 STIPULATION to Amend Text Order dated September 27, 2022 [Docket No. 78] by Gary Dean Ryberg re: 78 (Text Only) Order . (Weber, Lauren) Modified on 3/27/2023 to add link (mf)
November 29, 2022 Filing 95 AMENDED ANSWER to Amended Complaint, COUNTERCLAIM against Personal Wealth Partners, LLC, Daniel E. Steichen by Gary Dean Ryberg. (Weber, Lauren)
November 29, 2022 Opinion or Order Filing 94 (Text Only) ORDER adopting #92 Stipulation to Amend Answer. Defendant Gary Dean Ryberg shall file his Amended Answer by December 5, 2022. By Magistrate Judge Clare R. Hochhalter.(BG)
November 29, 2022 Set/Reset Deadlines: Gary Dean Ryberg Amended Answer due 12/5/2022. (jb)
November 28, 2022 Filing 93 SURREPLY to #83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg filed by Gary Dean Ryberg. (Weber, Lauren)
November 28, 2022 Filing 92 STIPULATION to Amend Answer by Gary Dean Ryberg. (Attachments: #1 Exhibit A - Amended Answer)(Weber, Lauren)
November 23, 2022 Opinion or Order Filing 91 (Text Only) ORDER by Judge Daniel M. Traynor granting #89 Motion for Leave to File Sur-Reply. Counsel is directed to promptly file the proposed Sur-Reply. (AV)
November 22, 2022 Filing 90 MEMORANDUM in Support re #89 MOTION for Leave to File Sur-Reply filed by Gary Dean Ryberg. (Weber, Lauren)
November 22, 2022 Filing 89 MOTION for Leave to File Sur-Reply by Gary Dean Ryberg. (Weber, Lauren)
November 21, 2022 Filing 88 REPLY to Response to Motion re #83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg filed by Personal Wealth Partners, LLC. (Pathroff, Robert)
November 7, 2022 Filing 87 RESPONSE to Motion re #83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg filed by Gary Dean Ryberg. (Weber, Lauren)
October 31, 2022 DOCKET CORRECTION re: #85 MEMORANDUM in Support. Wrong event selected. Clerk's Office restricted access to document and refiled as REPLY to Response to Motion at #86 . (sc)
October 28, 2022 Filing 86 REPLY to Response to Motion re #74 MOTION to Dismiss for Failure to State a Claim filed by Kestra Investment Services, LLC. (sc)
October 28, 2022 Filing 85 *RESTRICTED - WRONG EVENT SELECTED* MEMORANDUM in Support re #74 MOTION to Dismiss for Failure to State a Claim filed by Kestra Investment Services, LLC. (Lobas, Richard) Modified to restrict access on 10/31/2022 (sc).
October 17, 2022 Filing 84 MEMORANDUM in Support re #83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg filed by Personal Wealth Partners, LLC. (Pathroff, Robert)
October 17, 2022 Filing 83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg by Personal Wealth Partners, LLC. (Pathroff, Robert)
October 14, 2022 Filing 82 RESPONSE to Motion re #74 MOTION to Dismiss for Failure to State a Claim filed by Personal Wealth Partners, LLC. (Pathroff, Robert)
September 27, 2022 Filing 81 ACKNOWLEDGMENT OF SERVICE Executed filed by Personal Wealth Partners, LLC. Kestra Investment Services, LLC served on 9/26/2022, answer due 10/17/2022. (Pathroff, Robert)
September 27, 2022 Filing 80 NOTICE of Hearing: Bench Trial set for 12/4/2023 at 09:30 AM in Bismarck Courtroom 1 before Judge Daniel M. Traynor (5 days). (LC)
September 27, 2022 Opinion or Order Filing 79 Order for Final Pretrial Conference and Trial Preparation Deadlines. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to: ndd_J-Hochhalter@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. by Magistrate Judge Clare R. Hochhalter. Final Pretrial Conference set for 11/21/2023 at 09:00 AM by telephone before Magistrate Judge Clare R. Hochhalter.(LC)
September 27, 2022 Opinion or Order Filing 78 (Text Only) ORDER: Amended Pleadings due by 11/28/2022., Discovery due by 4/28/2023., Dispositive Motions due by 6/28/2023., Nondispositive Motions due by 5/31/2023. By Magistrate Judge Clare R. Hochhalter.(LC)
September 27, 2022 Filing 77 (Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Status Conference held on 9/27/2022. (LC)
September 27, 2022 Filing 76 SUMMONS Returned Executed by Gary Dean Ryberg. Daniel E. Steichen served on 9/26/2022, answer due 10/17/2022 (Weber, Lauren)
September 26, 2022 Filing 75 MEMORANDUM in Support re #74 MOTION to Dismiss for Failure to State a Claim filed by Kestra Investment Services, LLC. (Lobas, Richard)
September 26, 2022 DOCKET CORRECTION re: #73 Motion to Dismiss. Should have been filed using separate Event codes. Clerk's Office restricted access to document and re-filed Motion to Dismiss at #74 . Filer is directed to re-file the Brief as a Memorandum in Support with the case caption added to document. (mf)
September 23, 2022 Filing 74 MOTION to Dismiss for Failure to State a Claim by Kestra Investment Services, LLC. (mf)
September 23, 2022 Filing 73 *RESTRICTED - DOCUMENT SHOULD HAVE BEEN FILED AS SEPARATE EVENTS* MOTION to Dismiss for Failure to State a Claim by Kestra Investment Services, LLC. (Lobas, Richard) Modified on 9/26/2022 to restrict access (mf)
September 22, 2022 Filing 72 Summons on a Countercomplaint Issued as to Daniel E. Steichen. (cjs)
September 22, 2022 Filing 71 ANSWER to #65 Amended Complaint,, COUNTERCLAIM against Personal Wealth Partners, LLC, Daniel E. Steichen by Gary Dean Ryberg.(cjs)
September 15, 2022 Filing 70 NOTICE of Appearance by Richard Anthony D'Amura on behalf of Kestra Investment Services, LLC (D'Amura, Richard)
September 13, 2022 Opinion or Order Filing 69 ORDER: Status Conference set for 9/27/2022 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter (BG)
September 9, 2022 Filing 68 NOTICE of Appearance by Lauren M. Weber on behalf of Gary Dean Ryberg (Weber, Lauren)
September 9, 2022 Filing 67 NOTICE of Appearance by Richard Thomas Lobas on behalf of Kestra Investment Services, LLC (Lobas, Richard)
September 8, 2022 Filing 66 Corporate Disclosure Statement by Personal Wealth Partners, LLC. (Pathroff, Robert)
September 8, 2022 Filing 65 AMENDED COMPLAINT against Kestra Investment Services, LLC, Gary Dean Ryberg filed by Personal Wealth Partners, LLC. (Attachments: #1 Exhibit A - News Report re Incident from AdvisorHub, dated April 29, 2020)(Pathroff, Robert) (Attachment 1 replaced on 9/9/2022 to remove overlapping headers) NEF Regenerated (mf)
September 8, 2022 Filing 64 NOTICE of Appearance by Robert James Pathroff on behalf of Personal Wealth Partners, LLC (Pathroff, Robert)
September 7, 2022 Opinion or Order Filing 63 (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #60 Motion to Appear Pro Hac Vice for Attorney Olga Tymouch. (sj)
September 7, 2022 Opinion or Order Filing 62 (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #61 Motion to Appear Pro Hac Vice for Attorney Aimee D. Dayhoff. (mf)
September 7, 2022 Filing 61 MOTION to Appear Pro Hac Vice Attorney Aimee D. Dayhoff (Filing fee $150, receipt number ANDDC-2501211) by Personal Wealth Partners, LLC. (mf)
September 7, 2022 Filing 60 MOTION to Appear Pro Hac Vice Attorney Olga Tymouch (Filing fee $150, receipt number ANDDC-2501397) by Personal Wealth Partners, LLC. (Tymouch, Olga) Modified on 9/7/2022 to add receipt number. (sj).
August 29, 2022 Filing 59 Case transferred in from District of Minnesota; Case Number 0:21-cv-02722. Original file certified copy of transfer order and docket sheet received.
August 26, 2022 Opinion or Order Filing 58 ORDER. IT IS HEREBY ORDERED: 1. Defendant Gary Dean Ryberg's motion to transfer venue #28 is GRANTED as addressed herein. 2. The Clerk of Court is directed to TRANSFER this action to the United States District Court for the District of North Dakota. (Written Opinion) Signed by Judge Wilhelmina M. Wright on 8/26/2022. (RJE)
April 21, 2022 Filing 57 Minute Entry for proceedings held before Judge Wilhelmina M. Wright: Motion Hearing held on 4/21/2022 re #28 MOTION to Dismiss/General MOTION to Transfer/Change Venue filed by Gary Dean Ryberg, #30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Kestra Investment Services, LLC. (Court Reporter Lori Simpson) (RJE)
April 21, 2022 Filing 56 NOTICE of Appearance by Zachary Aaron Alter on behalf of Gary Dean Ryberg. (Alter, Zachary)
March 15, 2022 Opinion or Order Filing 55 ORDER REGARDING LR 5.6. Signed by Magistrate Judge David T. Schultz on 3/15/2022. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (TJB)
March 15, 2022 Opinion or Order Filing 54 SCHEDULING ORDER: Fact Discovery due by 2/28/2023. Motions (non-disp) due 3/31/2023. Motions (disp) due by 4/28/2023. Ready for trial due by 8/28/2023. Signed by Magistrate Judge David T. Schultz on 3/15/2022. (TJB)
March 8, 2022 Filing 53 Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 3/8/2022. (TJB)
March 2, 2022 Opinion or Order Filing 52 PROTECTIVE ORDER. Signed by Magistrate Judge David T. Schultz on 3/2/2022. (TJB)
March 1, 2022 Filing 51 PROPOSED ORDER TO JUDGE re #50 Stipulation. (Dayhoff, Aimee)
March 1, 2022 Filing 50 STIPULATION For Protective Order by Personal Wealth Partners, LLC. Jointly Signed by Gary Dean Ryberg and Kestra Investment Services, LLC. (Dayhoff, Aimee)
March 1, 2022 Filing 49 REPORT of Rule 26(f) Planning Meeting. Filed by Personal Wealth Partners, LLC. Jointly Signed by Gary Dean Ryberg and Kestra Investment Services, LLC.(Dayhoff, Aimee)
February 16, 2022 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)
February 16, 2022 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)
February 9, 2022 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)
February 9, 2022 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)
February 9, 2022 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)
February 2, 2022 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)
January 21, 2022 Opinion or Order 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)
January 19, 2022 Filing 41 JUDGMENT (Attachments: #1 Civil Notice - appeal)(CLK)
January 18, 2022 Opinion or Order 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).
January 12, 2022 Filing 39 PROPOSED ORDER TO JUDGE re Motion to Dismiss #30 Motion to Dismiss/General. (Andersen, Joel)
January 12, 2022 Filing 38 MEET and CONFER STATEMENT re #30 Motion to Dismiss/General filed by Kestra Investment Services, LLC.(Andersen, Joel)
January 12, 2022 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)
January 12, 2022 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).
January 12, 2022 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).
January 12, 2022 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)
January 12, 2022 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).
January 12, 2022 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)
January 12, 2022 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).
January 12, 2022 Filing 30 MOTION to Dismiss/General Rule 12(b)(2) and 12(b)(6) filed by Kestra Investment Services, LLC. (Andersen, Joel)
January 12, 2022 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).
January 12, 2022 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).
January 3, 2022 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)
January 3, 2022 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)
January 3, 2022 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)
January 3, 2022 Opinion or Order 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)
December 30, 2021 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)
December 30, 2021 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)
December 30, 2021 Opinion or Order Filing 21 ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. Signed by Magistrate Judge David T. Schultz on 12/30/2021. (TJB)
December 30, 2021 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)
December 30, 2021 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)
December 30, 2021 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)
December 28, 2021 Opinion or Order 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)
December 27, 2021 Filing 16 PROPOSED ORDER TO JUDGE re #15 Stipulation. (Weber, Lauren)
December 27, 2021 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)
December 24, 2021 Opinion or Order Filing 14 BRIEFING ORDER. See order for dates and details. Signed by Judge Wilhelmina M. Wright on 12/24/2021. (DAC)
December 23, 2021 Filing 13 PROPOSED ORDER TO JUDGE re #8 Motion to Expedite, Motion for TRO. (Dayhoff, Aimee)
December 23, 2021 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)
December 23, 2021 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)
December 23, 2021 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)
December 23, 2021 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)
December 23, 2021 Filing 8 MOTION to Expedite Preliminary Injunction, MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Personal Wealth Partners, LLC. (Dayhoff, Aimee)
December 22, 2021 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)
December 22, 2021 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)
December 22, 2021 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)
December 22, 2021 Filing 4 NOTICE of Appearance by Andrew Peterson on behalf of Kestra Investment Services, LLC. (Peterson, Andrew)
December 22, 2021 Filing 3 NOTICE of Appearance by Joel Andersen on behalf of Kestra Investment Services, LLC. (Andersen, Joel)
December 22, 2021 Filing 2 CERTIFICATE OF SERVICE by Gary Dean Ryberg re #1 Notice of Removal,, (Weber, Lauren)
December 22, 2021 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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Plaintiff: Personal Wealth Partners, LLC
Represented By: Aimee Dayhoff
Represented By: Olga Tymouch
Represented By: Robert James Pathroff
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Defendant: Gary Dean Ryberg
Represented By: Sara G. McGrane
Represented By: Lauren M. Weber
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Defendant: Kestra Investment Services, LLC
Represented By: Richard Thomas Lobas
Represented By: Richard Anthony D'Amura
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Counter defendant: Daniel E. Steichen
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