Personal Wealth Partners, LLC v. Ryberg et al
| Personal Wealth Partners, LLC |
| Gary Dean Ryberg and Kestra Investment Services, LLC |
| Daniel E. Steichen |
| 1:2022cv00144 |
| August 29, 2022 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel M Traynor |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 84 MEMORANDUM in Support re #83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg filed by Personal Wealth Partners, LLC. (Pathroff, Robert) |
| Filing 83 MOTION to Dismiss Counterclaims of Defendant Gary Dean Ryberg by Personal Wealth Partners, LLC. (Pathroff, Robert) |
| Filing 82 RESPONSE to Motion re #74 MOTION to Dismiss for Failure to State a Claim filed by Personal Wealth Partners, LLC. (Pathroff, Robert) |
| 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) |
| 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) |
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)
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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)
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| Filing 77 (Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Status Conference held on 9/27/2022. (LC) |
| Filing 76 SUMMONS Returned Executed by Gary Dean Ryberg. Daniel E. Steichen served on 9/26/2022, answer due 10/17/2022 (Weber, Lauren) |
| Filing 75 MEMORANDUM in Support re #74 MOTION to Dismiss for Failure to State a Claim filed by Kestra Investment Services, LLC. (Lobas, Richard) |
| 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) |
| Filing 74 MOTION to Dismiss for Failure to State a Claim by Kestra Investment Services, LLC. (mf) |
| 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) |
| Filing 72 Summons on a Countercomplaint Issued as to Daniel E. Steichen. (cjs) |
| Filing 71 ANSWER to #65 Amended Complaint,, COUNTERCLAIM against Personal Wealth Partners, LLC, Daniel E. Steichen by Gary Dean Ryberg.(cjs) |
| Filing 70 NOTICE of Appearance by Richard Anthony D'Amura on behalf of Kestra Investment Services, LLC (D'Amura, Richard) |
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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)
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| Filing 68 NOTICE of Appearance by Lauren M. Weber on behalf of Gary Dean Ryberg (Weber, Lauren) |
| Filing 67 NOTICE of Appearance by Richard Thomas Lobas on behalf of Kestra Investment Services, LLC (Lobas, Richard) |
| Filing 66 Corporate Disclosure Statement by Personal Wealth Partners, LLC. (Pathroff, Robert) |
| 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) |
| Filing 64 NOTICE of Appearance by Robert James Pathroff on behalf of Personal Wealth Partners, LLC (Pathroff, Robert) |
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Filing 63
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #60 Motion to Appear Pro Hac Vice for Attorney Olga Tymouch. (sj)
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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)
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| 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) |
| 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). |
| 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. |
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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)
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| 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) |
| Filing 56 NOTICE of Appearance by Zachary Aaron Alter on behalf of Gary Dean Ryberg. (Alter, Zachary) |
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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)
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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)
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| Filing 53 Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 3/8/2022. (TJB) |
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Filing 52
PROTECTIVE ORDER. Signed by Magistrate Judge David T. Schultz on 3/2/2022. (TJB)
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| Filing 51 PROPOSED ORDER TO JUDGE re #50 Stipulation. (Dayhoff, Aimee) |
| Filing 50 STIPULATION For Protective Order by Personal Wealth Partners, LLC. Jointly Signed by Gary Dean Ryberg and Kestra Investment Services, LLC. (Dayhoff, Aimee) |
| 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) |
| 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) |
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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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