Bruns et al v. Horter Investment Management, LLC
Plaintiff: Debra L. Stewart, Rick J. Round, Scott R. Wendel, Burley H. Stewart, Michael S. Ferriell, Todd G. Homan, Kimbal H. Ragan, Connie Wharton-Burns, Michele R. Homan, Diane L. Ungruhn, Julie B. Ragan, Karen M. Doseck, Jane C. Round, Edward E. Shuret, Jack E. Link, Anthony F. Ungruhn, Thomas R. Doseck, Daniel R. Bruns, Jane A. Bruns, Daniel R. Lennartz, Theresa L. Lennartz, Kimberly A. Wendel and Dennis L Faughn
Defendant: Horter Investment Management, LLC
Case Number: 1:2020cv00253
Filed: April 1, 2020
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
Presiding Judge: Timothy S Black
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 15:77
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2020 Filing 45 REPLY to Response to Motion re #43 MOTION for Leave to File Plaintiffs' Response to Defendant's Notice of Supplemental Authority and to File Clarification of Facts in the Northern District's Order Transferring Case filed by Plaintiffs Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Nekvasil, Kalju)
April 24, 2020 Opinion or Order NOTATION ORDER granting #42 Motion for Leave to Appear Pro Hac Vice of Kalju Nekvasil as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Timothy S. Black on 4/24/2020. (ss)
April 17, 2020 Filing 44 RESPONSE in Opposition re #43 MOTION for Leave to File Plaintiffs' Response to Defendant's Notice of Supplemental Authority and to File Clarification of Facts in the Northern District's Order Transferring Case filed by Defendant Horter Investment Management, LLC. (Woods, Nicole)
April 15, 2020 Filing 43 MOTION for Leave to File Plaintiffs' Response to Defendant's Notice of Supplemental Authority and to File Clarification of Facts in the Northern District's Order Transferring Case by Plaintiffs Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Attachments: #1 Exhibit Exh. A Plaintiffs' Response to Defendant's Notice of Supplemental Authority and to File Clarification of Facts in the Northern District's Order Transferring Case) (Lambert, Marnie)
April 7, 2020 Filing 42 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7414012) of Kalju Nekvasil by Plaintiffs Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Lambert, Marnie)
April 7, 2020 Filing 41 NOTICE of Appearance by Marnie C Lambert for Plaintiffs Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns (Lambert, Marnie)
April 2, 2020 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)
April 1, 2020 Judge Timothy S. Black added. (er)
April 1, 2020 Filing 40 Case transferred in from District of Ohio Northern; Case Number 3:19-cv-01069. Original file electronic copy of transfer order and docket sheet received.
March 31, 2020 Filing 39 Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed concurrently, I transfer this case to the Southern District of Ohio. re #38 . Judge Jeffrey J. Helmick on 3/31/2020. (S,AL) [Transferred from Ohio Northern on 4/1/2020.]
March 31, 2020 Filing 38 Memorandum Opinion and Order: I transfer this case to the Southern District of Ohio pursuant to 28 U.S.C. 1404(a). Judge Jeffrey J. Helmick on 3/31/2020. (S,AL) [Transferred from Ohio Northern on 4/1/2020.]
March 23, 2020 Filing 37 Notice of Supplemental Authority filed by Horter Investment Management, LLC. (Attachments: #1 Exhibit 1 - Order in Blackwelder v. Horter)Related document(s) #11 , #18 .(Woods, Nicole) [Transferred from Ohio Northern on 4/1/2020.]
February 3, 2020 LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) [Transferred from Ohio Northern on 4/1/2020.]
January 21, 2020 Filing 36 Reply in support of #33 Amended Motion to Compel ArbitrationMotion to stayMotion for Appointment of Arbitrators filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
January 14, 2020 Filing 35 Response to #33 Amended Motion to Compel Arbitration, Motion to Stay, and, Alternatively, Motion for Appointment of Arbitrators filed by Horter Investment Management, LLC. (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
January 14, 2020 Filing 34 FILING ERROR Response to #16 Motion to stay Pending Arbitration, #18 Motion to dismiss First Amended Complaint for lack of jurisdiction Plaintiffs' First Amended Complaint [Defendant Horter Investment Management, LLC's Response in Opposition to Plaintiffs' Amended Motion to Compel Arbitration, Motion to Stay, and Alternatively, Motion for Appointment of Arbitrators] filed by Horter Investment Management, LLC. (Fornshell, Matthew) Modified on 1/14/2020 (J,FE). [Transferred from Ohio Northern on 4/1/2020.]
January 10, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) [Transferred from Ohio Northern on 4/1/2020.]
December 31, 2019 Filing 33 Amended Motion to Compel Arbitration, Motion to Stay, and, Alternatively, Motion for Appointment of Arbitrators, and Memorandum in Support filed by Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L. Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Attachments: #1 Exhibit Letter to Matthew L. Fornshell dated December 18, 2019, #2 Exhibit Email from American Arbitration Association dated December 23, 2019, #3 Exhibit Letter to Mathew L. Fornshell dated December 27, 2019, #4 Exhibit Client Agreements, #5 Exhibit Letter from American Arbitration Association dated July 18, 2019, #6 Exhibit American Arbitration Association Consumer Arbitration Rules, #7 Exhibit Letter to Matthew L. Fornshell dated May 7, 2019, #8 Exhibit Email to Matthew L. Fornshell dated June 12, 2019, #9 Exhibit Letter to Matthew L. Fornshell dated July 5, 2019, #10 Exhibit Arbitration Statement of Claim dated July 5, 2019, #11 Exhibit Letter from American Arbitration Association dated August 7, 2019)(Nekvasil, Kalju). Added additional motions on 1/2/2020 (R,Ke). [Transferred from Ohio Northern on 4/1/2020.]
September 27, 2019 Filing 32 Motion for Consideration of Plaintiffs' Other Filings as Also Applying to their Motion to Compel Arbitration and Motion for Stay filed by Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L. Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. Related document(s) #9 , #16 . (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
September 20, 2019 Filing 31 Reply in support of #27 Motion for leave to file second amended complaint filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
September 13, 2019 Filing 30 Response to #27 Motion for leave to file second amended complaint filed by Horter Investment Management, LLC. (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
September 13, 2019 Filing 29 Reply in support of #18 Motion to dismiss First Amended Complaint for lack of jurisdiction Plaintiffs' First Amended Complaint filed by Horter Investment Management, LLC. (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
August 30, 2019 Filing 28 Opposition to #18 Motion to dismiss First Amended Complaint for lack of jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibit American Arbitration Association Correspondence on July 18, 2019, #2 Exhibit American Arbitration Association Consumer Arbitration Rules, #3 Exhibit Correspondence to Matthew L. Fornshell on May 7, 2019, #4 Exhibit Email to Matthew L. Fornshell on June 12, 2019, #5 Exhibit Correspondence to Matthew L. Fornshell on July 5, 2019, #6 Exhibit American Arbitration Association Correspondence on August 7, 2019)(Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
August 30, 2019 Filing 27 Motion for leave to file second amended complaint filed by Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L. Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Attachments: #1 Exhibit Proposed Complaint, #2 Exhibit Client Agreements, #3 Exhibit SEC Complaint against Robert H. Shapiro, #4 Exhibit SEC Complaint against Robert S. Davis, Jr., #5 Exhibit SEC Complaint against 1 Global Capital, LLC, #6 Exhibit American Arbitration Association Statement of Claim, #7 Exhibit American Arbitration Association Demand for Arbitration, #8 Exhibit American Arbitration Association Revised Demand for Arbitration, #9 Exhibit American Arbitration Association Correspondence on July 18, 2019, #10 Exhibit American Arbitration Association Correspondence on November 15, 2018, #11 Exhibit American Arbitration Association Correspondence on August 7, 2019, #12 Exhibit American Arbitration Association Consumer Arbitration Rules, #13 Exhibit Email from Matthew L. Fornshell on February 8, 2019, #14 Exhibit Correspondence to Matthew L. Fornshell on May 7, 2019, #15 Exhibit Email to Matthew L. Fornshell on June 12, 2019, #16 Exhibit Correspondence to Matthew L. Fornshell on July 5, 2019, #17 Exhibit Form U4, #18 Exhibit Ohio Investment Adviser Handbook)(Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
August 14, 2019 Filing 26 Response to #22 Motion to strike Plaintiffs' Notice of Filing Document (1) in Opposition to Defendant's motion to Dismiss, (2) In Support of Plaintiffs' Motion to Compel Arbitration or, Alternatively, for Appointment of Arbitrators, and (3) in filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
August 14, 2019 Filing 25 Response to #20 Motion to strike Plaintiffs' Reply in Support of Their Motion to Compel Arbitration, or, Alternatively, for Appointment of Arbitrators filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
August 14, 2019 Filing 24 Response to #19 Motion to strike Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss as Moot filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
August 7, 2019 Filing 23 Reply in support of #16 Motion to stay Pending Arbitration filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
July 31, 2019 Filing 22 Motion to strike Plaintiffs' Notice of Filing Document (1) in Opposition to Defendant's motion to Dismiss, (2) in Support of Plaintiffs' Motion to Compel Arbitration or, Alternatively, for Appointment of Arbitrators, and (3) in Support of Plaintiffs' Motion for Stay Pending Arbitration - or, in the Alternative, Horter Investment Management, LLC's Response to Plaintiffs' Notice of Filing Document with Memorandum in Support filed by Defendant Horter Investment Management, LLC. Related document(s) #17 . (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
July 31, 2019 Filing 21 Response to #16 Motion to stay Pending Arbitration with memorandum in support filed by Horter Investment Management, LLC. (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
July 31, 2019 Filing 20 Motion to strike Plaintiffs' Reply in Support of their Motion to Compel Arbitration, or, Alternatively, for Appointment of Arbitrators with Memorandum in Support filed by Defendant Horter Investment Management, LLC. Related document(s) #9 and #15 . (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
July 31, 2019 Filing 19 Motion to strike Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss as Moot with Memorandum in Support filed by Defendant Horter Investment Management, LLC. Related document(s) #10 and #14 . (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
July 31, 2019 Filing 18 Motion to dismiss First Amended Complaint for lack of jurisdiction with Memorandum in Support filed by Defendant Horter Investment Management, LLC. Related document(s) #13 . (Attachments: #1 Exhibit A - Declaration of Matthew Fornshell, #2 Exhibit A-1: 12/26/18 Correspondence, #3 Exhibit A-2: 12/28/18 Correspondence, #4 Exhibit A-3: 01/30/19 Correspondence, #5 Exhibit A-4: 02/01/19 Correspondence, #6 Exhibit A-5: 02/08/19 Correspondence, #7 Exhibit A-6: 03/19/19 Correspondence, #8 Exhibit A-7: 03/28/19 Correspondence, #9 Exhibit A-8: First 05/07/19 Correspondence, #10 Exhibit A-9: Second 05/07/19 Correspondence, #11 Exhibit A-10: 05/13/19 Correspondence, #12 Exhibit A-11: Order from Kirk v. Asset Protection One, #13 Exhibit A-12: 07/18/19 AAA Correspondence) (Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
July 19, 2019 Filing 17 Notice of Filing the attached Exhibit 1 in Opposition to Defendant's Motion to Dismiss, (2) in Support of Plaintiffs' Motion to Compel Arbitration or, Alternatively, for Appointment of Arbitrators, and (3) in Support of Plaintiffs' Motion for Stay Pending Arbitration filed by All Plaintiffs. (Attachments: #1 Exhibit: American Arbitration Association Correspondence on July 18, 2019) Related document(s) #9 , #16 , #10 .(Nekvasil, Kalju) (Additional attachment(s) added on 8/7/2019: #2 Copy of document with different font) (S,AL). [Transferred from Ohio Northern on 4/1/2020.]
July 18, 2019 Filing 16 Motion to stay Pending Arbitration with Memorandum in support filed by Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L. Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Attachments: #1 Exhibit American Arbitration Association Correspondence on July 18, 2019)(Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
July 17, 2019 Filing 15 Reply in support of #9 Motion to Compel Arbitration or, Alternatively, for Appointment of Arbitrators with Memorandum in Support filed by Plaintiffs. (Nekvasil, Kaiju) Modified text on 7/30/2019 (D,TM). (Additional attachment(s) added on 8/7/2019: #1 Copy of document with different font) (S,AL). [Transferred from Ohio Northern on 4/1/2020.]
July 17, 2019 Filing 14 Opposition to #10 Motion to dismiss for lack of jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Kalju Nekvasil on July 17, 2019, #2 Exhibit American Arbitration Association Consumer Arbitration Rules, #3 Exhibit Correspondence to Matthew L. Fornshell on May 28, 2019, #4 Exhibit Email to Matthew L. Fornshell on June 12, 2019, #5 Exhibit Correspondence to Matthew L. Fornshell on July 3, 2019, #6 Exhibit Correspondence to Matthew L. Fornshell on July 5, 2019, #7 Exhibit American Arbitration Association Correspondence on November 15, 2018, #8 Exhibit Affidavit of Matthew L. Fornshell on March 26, 2019, #9 Exhibit Affidavit of Matthew L. Fornshell on May 7,. 2019)(Nekvasil, Kalju) (Additional attachment(s) added on 8/7/2019: #10 Copy of document with different font) (S,AL). [Transferred from Ohio Northern on 4/1/2020.]
July 17, 2019 Filing 13 First Amended complaint against Horter Investment Management, LLC. Filed by Theresa L. Lennartz, Diane L. Ungruhn, Michael S. Ferriell, Edward E. Shuret, Scott R. Wendel, Daniel R. Bruns, Burley H. Stewart, Kimberly A. Wendel, Jane C. Round, Kimbal H. Ragan, Dennis L. Faughn, Jane A. Bruns, Michele R. Homan, Jack E. Link, Anthony F. Ungruhn, Julie B. Ragan, Rick J. Round, Todd G. Homan, Thomas R. Doseck, Connie Wharton-Burns, Debra L. Stewart, Daniel R. Lennartz, Karen M. Doseck. (Attachments: #1 Exhibit Client Agreements, #2 Exhibit American Arbitration Association Statement of Claim, #3 Exhibit American Arbitration Association Demand for Arbitration, #4 Exhibit Revised American Arbitration Association Demand for Arbitration, #5 Exhibit Armerican Arbitration Association Consumer Arbitration Rules, #6 Exhibit American Arbitration Association correspondence on November 15, 2018, #7 Exhibit Affidavit of Matthew L. Fornshell on March 26, 2019, #8 Exhibit Affidavit of Matthew L. Fornshell on May 7, 2019, #9 Exhibit Email from Matthew L. Fornshell on February 8, 2019, #10 Exhibit Correspondence to Matthew L. Fornshell on May 7, 2019, #11 Exhibit Email to Matthew L. Fornshell on June 12, 2019, #12 Exhibit Correspondence to Matthew L. Fornshell on July 5, 2019) (Nekvasil, Kalju) (Additional attachment(s) added on 8/7/2019: #13 Copy of document with different font) (S,AL). [Transferred from Ohio Northern on 4/1/2020.]
July 16, 2019 Filing 12 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Nekvasil, Kalju) [Transferred from Ohio Northern on 4/1/2020.]
July 10, 2019 Filing 11 Opposition to #9 Motion to Compel Arbitration or, alternatively, for Appointment of Arbitrators filed by Horter Investment Management, LLC. (Attachments: #1 Exhibit A: Form re Arbitration)(Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
July 9, 2019 Opinion or Order Order [non-document] The case management conference scheduled for 7/22/2019 vacated pending adjudication of the pending motion to compel and motion to dismiss. Judge Jeffrey J. Helmick on 7/9/2019. (S,AL) [Transferred from Ohio Northern on 4/1/2020.]
July 3, 2019 Filing 10 Motion to dismiss for lack of jurisdiction with memorandum in support filed by Defendant Horter Investment Management, LLC. Related document(s) #1 . (Attachments: #1 Exhibit A: Declaration of Matthew Fornshell, #2 Exhibit A-1: 12/26/18 Correspondence, #3 Exhibit A-2: 12/28/18 Correspondence, #4 Exhibit A-3: 01/30/19 Correspondence, #5 Exhibit A-4: 02/01/19 Correspondence, #6 Exhibit A-5: 02/08/19 Correspondence, #7 Exhibit A-6: 03/19/19 Correspondence, #8 Exhibit A-7: 03/28/19 Correspondence, #9 Exhibit A-8: First 05/07/19 Correspondence, #10 Exhibit A-9: Second 05/07/19 Correspondence, #11 Exhibit A-10: 05/13/19 Correspondence, #12 Exhibit A-11: Order from Kirk v. Asset Protection One)(Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
June 26, 2019 Filing 9 Motion to Compel Arbitration or, Alternatively, for Appointment of Arbitrators with Memorandum in support filed by Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L. Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Attachments: #1 Exhibit Email to Defendant's Counsel, #2 Exhibit Client Agreements, #3 Exhibit AAA Correspondencce, #4 Exhibit Affidavit of Matthew L. Fornshelll, #5 Exhibit Second Affidavit of Matthew L. Fornshell, #6 Exhibit AAA Consumer Arbitration Rules)(Nekvasil, Kalju) (Additional attachment(s) added on 8/7/2019: #7 Copy of document with different font) (S,AL). [Transferred from Ohio Northern on 4/1/2020.]
June 17, 2019 Filing 8 Case Management Conference Scheduling Notice: conference to be held on 7/22/2019 at 3:30 PM in Chambers 210 before Judge Jeffrey J. Helmick. (Attachments: #1 Report of Parties Planning Meeting)(S,AL) [Transferred from Ohio Northern on 4/1/2020.]
June 10, 2019 Opinion or Order Filing 7 Order granting #5 Motion for Extension of Time to Answer: Horter Investment Management, LLC answer due 7/3/2019. Judge Jeffrey J. Helmick on 6/10/2019.(S,AL) [Transferred from Ohio Northern on 4/1/2020.]
June 6, 2019 Filing 6 Response to #5 Motion for extension of time until 07/03/2019 to answer Plaintiffs' Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit Email on February 8, 2019, #2 Exhibit Correspondence on May 13, 2019)(Nekvasil, Kalju) (Additional attachment(s) added on 8/7/2019: #3 Copy of document with different font) (S,AL). [Transferred from Ohio Northern on 4/1/2020.]
May 31, 2019 Filing 5 Motion for extension of time until 07/03/2019 to answer Plaintiffs' Complaint with Memorandum in support filed by Defendant Horter Investment Management, LLC. Related document(s) #1 . (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(Fornshell, Matthew) [Transferred from Ohio Northern on 4/1/2020.]
May 16, 2019 Filing 4 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Kalju Nekvasil for all plaintiffs: Daniel Bruns, Jane Bruns, Thomas Doseck. Karen Doseck, Dennis Faughn, Michael Ferriell, Todd Homan, Michele Homan, Daniel Lennartz, Theresa Lennartz, Jack Link, Kimbal Ragan, Julie Ragan, Rick Round, Jane Round, Edward Shuret, Burley Stewart, Debra Stewart, Anthony Ungruhn, Diane Ungruhn, Scott Wendel, Kimberly Wendel, and Connie Wharton-Burns. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #2 ). Judge Jeffrey J. Helmick on 5/16/2019.(SG,D) [Transferred from Ohio Northern on 4/1/2020.]
May 14, 2019 Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (R,Ke) [Transferred from Ohio Northern on 4/1/2020.]
May 14, 2019 Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Horter Investment Management, LLC. (Attachments: #1 Magistrate Consent Form) (R,Ke) [Transferred from Ohio Northern on 4/1/2020.]
May 13, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (R,Ke) [Transferred from Ohio Northern on 4/1/2020.]
May 13, 2019 Judge Jeffrey J. Helmick assigned to case. (R,Ke) [Transferred from Ohio Northern on 4/1/2020.]
May 13, 2019 Filing 2 Motion for attorney Kalju Nekvasil to Appear Pro Hac Vice. Filing fee $ 120, receipt number 34660011341, filed by Daniel R. Bruns, Jane A. Bruns, Karen M. Doseck, Thomas R. Doseck, Dennis L. Faughn, Michael S. Ferriell, Michele R. Homan, Todd G. Homan, Daniel R. Lennartz, Theresa L. Lennartz, Jack E. Link, Julie B. Ragan, Kimbal H. Ragan, Jane C. Round, Rick J. Round, Edward E. Shuret, Burley H. Stewart, Debra L. Stewart, Anthony F. Ungruhn, Diane L. Ungruhn, Kimberly A. Wendel, Scott R. Wendel, Connie Wharton-Burns. (Attachments: #1 Affidavit of Kalju Nekvasil, #2 Certificate of good standing)(R,Ke) [Transferred from Ohio Northern on 4/1/2020.]
May 13, 2019 Filing 1 Complaint against Horter Investment Management, LLC. Filing fee paid. $400. Receipt # 34660011341. Filed by Theresa L. Lennartz, Diane L. Ungruhn, Michael S. Ferriell, Edward E. Shuret, Scott R. Wendel, Daniel R. Bruns, Burley H. Stewart, Kimberly A. Wendel, Jane C. Round, Kimbal H. Ragan, Dennis L. Faughn, Jane A. Bruns, Michele R. Homan, Jack E. Link, Anthony F. Ungruhn, Julie B. Ragan, Rick J. Round, Todd G. Homan, Thomas R. Doseck, Connie Wharton-Burns, Debra L. Stewart, Daniel R. Lennartz, Karen M. Doseck. (Attachments: #1 Exhibit 1: Client agreements, #2 Exhibit 2: AAA Planned Statement of Claim, #3 Exhibit 3: AAA correspondence, #4 Exhibit 4: Affidavit of Matthew L. Fornshell, #5 Exhibit 5: Second Affidavit of Matthew L. Fornshell, #6 Civil Cover Sheet, #7 Summons) (R,Ke). [Transferred from Ohio Northern on 4/1/2020.]

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Plaintiff: Debra L. Stewart
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Rick J. Round
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Scott R. Wendel
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Burley H. Stewart
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Michael S. Ferriell
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Todd G. Homan
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Kimbal H. Ragan
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Connie Wharton-Burns
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Michele R. Homan
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Diane L. Ungruhn
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Julie B. Ragan
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Karen M. Doseck
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Jane C. Round
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Edward E. Shuret
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Jack E. Link
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Anthony F. Ungruhn
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Thomas R. Doseck
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Daniel R. Bruns
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Jane A. Bruns
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Daniel R. Lennartz
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Theresa L. Lennartz
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Kimberly A. Wendel
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Plaintiff: Dennis L Faughn
Represented By: Kalju Nekvasil
Represented By: Marnie C Lambert
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Defendant: Horter Investment Management, LLC
Represented By: Matthew L Fornshell
Represented By: Nicole Rene Woods
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