Merrihew et al v. MML Investor Services, Inc. et al
| Alexandra Carney, Mary Denson, Edward Reinstein, Karen Van Raden, Karl C. Hallstrom, William Galbraith, Duane Denson, Rebecca Van Raden, Richard Holland, Jane and John Does 1-20, Joanne Casey, Michael Benner, Karla Van Raden, Edward Kuhn, Sara Genta, Dr. John Takacs, Mary Heintz, Laura Casey, Jay McAchran, Genene Helmberger, Ryan McKillop, Kristin Merrihew, Paul Naumann, Tim Merrihew, Bruce Svela, Wayne Van Raden, Gladys Christie, David Christie, Paula Runyan, Ed Casey, Jane Heintz-Svela, Susan Holland, Marguerite Morin, Debbie Holland, Larry Hittle, Jenny Naumann, Dave Carney, Suzanne Benner, Herb McKillop, Donald Dezarn, Diane Kuhn, Patrick Casey, Mike Holland, Don Fast, Richard Helmberger, Tim McAchran, Blake Souvignier, Linda Merrihew and Chad McKillop |
| American Express Financial Advisors, Inc., Umpqua Bank, David P. Grau, Holmes and Company, LLP, Fidelity Brokerage Services, LLC, Business Transactions, LLC, Bank of Oswego, Anne Rhodes, Wells Fargo Bank Northwest, National Association, Inc., Washington Mutual Bank, Ameritrade Advisory Services, LLC, Bidwell and Company, MML Investor Services, Inc., KBNP Radio, Inc., William Holmes, Businesstransactions.Com, John T. Carr, John Does 21-40, Carr & Schwartz, LLP, West Coast Bank, Private Counsulting Group, Inc., Carr & Schwartz, LLC, Ameritrade Northwest, Inc., Charles Schwab and Company, Inc., Massachusetts Mutual Life Insurance Company, Wel Group, Inc. and Attorney David P. Grau |
| 3:2008cv01223 |
| October 20, 2008 |
| US District Court for the District of Oregon |
| Portland Office |
| Multnomah |
| Michael W Mosman |
| Securities/Commodities |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2009. A more recent docket listing may be available from PACER.
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Filing 80
ORDER: FINDING AS MOOT Motion for Clarification of February 27, 2009 Order Motion Hearing Held(#77), #78 , see Order of Dismissal (#79). Ordered by Judge Michael W. Mosman. (dls)
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Filing 79
Order of Dismissal. See order for full text. Signed on 3/4/09 by Judge Michael W. Mosman. (dls)
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| Filing 78 Motion for Clarification of February 27, 2009 Order Motion Hearing Held,, 77 . Filed by Ameritrade Advisory Services, LLC. (Daniels, Brad) |
| Filing 77 MINUTES of Proceedings: Motion Hearing Held. DENYING Motion to Remand to State Court #24 , DENYING AS MOOT Motion for Joinder #39 , GRANTING Motion to Dismiss #36 , as stated on the record. DENYING AS MOOT Motion to Dismiss #10 . James E Shadduck and Christopher Best present as counsel for plaintiff(s). Brad Daniels, Tanya A Durkee, Bergitta K Trelstad, and Curt Roy Hineline present as counsel for defendant(s). Court Reporter: Dennis Grube. Judge Michael W. Mosman presiding. (Related document(s): Motion for Joinder #39 , Motion to Dismiss #10 , Motion to Remand to State Court #24 , Motion to Dismiss #36 .) (dls) |
| Filing 76 Notice of Attorney Substitution:Attorney Richard A. Uffelman is substituted as counsel of record.Filed by Bank of Oswego. (Uffelman, Richard) |
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Filing 75
ORDER: GRANTING Motion for Extension of Discovery & PTO Deadlines #72 . Discovery is extended from 2/17/09, to be completed by 8/17/2009. Joint Alternate Dispute Resolution Report is extended from 3/19/09, due by 9/15/2009. Pretrial Order is extended from 3/19/09, due by 9/15/2009. Ordered by Judge Michael W. Mosman. (dls)
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Filing 74
Scheduling Order by Judge Michael W. Mosman regarding Motion to Remand Case to State Court #24 , Motion for Joinder #39 . Oral Argument is set for 2/26/2009 at 02:00PM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 73 Notice of Attorney Withdrawal:.Filed by Fidelity Brokerage Services, LLC. (Row, Seth) |
| Filing 72 Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by all plaintiffs. (Best, Christopher) |
| Filing 71 Notice of Attorney Substitution:Attorney Bergitta K. Trelstad is substituted as counsel of record in place of Attorney Mark J. Phelps.Filed by Washington Mutual Bank. (Phelps, Mark) |
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Filing 70
Record of Order. Ameritrade-Bidwell Defendants' filed their sur-reply (#68). Order STRIKING the deadline of 12/11/08 for filing the sur-reply. Ordered by Judge Michael W. Mosman. (dls)
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Filing 69
ORDER: GRANTING Motion for Leave to file Surreply in Opposition to Plaintiffs' Motion to Remand #65 . Sur-Reply due 12/11/08. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 68 Reply in Support of Ameritrade-Bidwell Defendants' to Motion to Dismiss #36 . Filed by Ameritrade Northwest, Inc.. (Ellis, Barnes) |
| Filing 67 Declaration of Nathan Goforth. Filed by Ameritrade Northwest, Inc.. (Related document(s): Motion for Leave #65 .) (Ellis, Barnes) |
| Filing 66 Sur-Reply in Opposition to Plaintiffs' Motion to Remand. Filed by Ameritrade Northwest, Inc.. (Ellis, Barnes) |
| Filing 65 Motion for Leave to file Surreply in Opposition to Plaintiffs' Motion to Remand. Filed by Ameritrade Northwest, Inc.. (Ellis, Barnes) |
| Filing 63 Exhibits Plaintiffs' Exhibit E re Response in Opposition to Motion #54 . Filed by all plaintiffs. (Best, Christopher) |
| Filing 62 Reply to Defendents Joint Response to Motion to Remand Case to State Court #24 . Filed by all plaintiffs. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2) (Best, Christopher) |
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Filing 61
ORDER: GRANTING Motion for Joinder of Notice of removal By Defendants Ameritrade Northwest, inc., Ameritrade Advisory Services, LLC, and Bidwell and Company #49 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 60
ORDER: GRANTED IN PART/DENIED IN PART, Unopposed Motion for Extension of Time #59 . Plaintiffs' deadline for a response to Umpqua Bank's Motion to Dismiss (#10) is extended to 20 days after the court's decision on the Motion to Remand Case to State Court (#24). Ordered by Judge Michael W. Mosman. (dls)
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| Filing 59 Unopposed Motion for Extension of Time. Filed by all plaintiffs. (Best, Christopher) |
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Filing 58
Order. GRANTED IN PART/DENIED IN PART, Unopposed Motion for Extension of Time to Answer Complaint. Filed by Bidwell and Company. (Ellis, Barnes) (#12), the deadline for an answer is extended to 20 days after the court's decision on the Motion to Remand Case to State Court (#24). Ordered by Judge Michael W. Mosman. (dls)
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Filing 57
ORDER: GRANTED IN PART/DENIED IN PART #56 , the deadline for an answer is extended to 20 days after the court's decision on the Motion to Remand Case to State Court (#24). The following defendant's joined in the motion: MML Investor Services, Inc., Massachusetts Mutual Life Insurance Co., Charles Schwab & Co., Ameriprise Financial Services, Inc. f/k/a American Express Financial Advisors, Inc., Fidelity Brokerage Services, Private Consulting Group, Inc., Bank of Oswego, Wells Fargo Bank Northwest, WaMu (now JP Morgan Cahse Bank, N.A.), West Coast Bank, KBNP Radio, John T. Carr, Carr & Schwartz, LLC, Carr & Schwartz, LLP, David P. Grau, Attorney David P. Grau, PC, Business Transactions, LLC d/b/a Businesstransactions.com, and WEL Group, Inc. This makes the following motions moot: #1, #2, #7, #8, #9, #12, #13, #15, #17, #19, #21, #28, #31, #44, #45, and #48. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 56 Joint Motion for Extension of Time to Answer TO RESPOND. Filed by MML Investor Services, Inc., Massachusetts Mutual Life Insurance Company. (Hines, Stephanie) |
| Filing 55 Certificate of Service by Tim Merrihew of Response in Opposition to Motion #54 Filed by Tim Merrihew. (Best, Christopher) |
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Filing 64
Order Granting Application for Special Admission Pro Hac Vice of David L. Stanton for Charles Schwab and Company, Inc.. Application Fee in amount of $100 collected. Receipt No. 23980 issued. Signed on 11/18/08 by Judge Michael W. Mosman. (cib)
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| Filing 54 Response in Opposition to Motion to Dismiss #36 Oral Argument requested. Filed by all plaintiffs. (Attachments: #1 Exhibit A - D) (Best, Christopher) |
| Filing 53 Declaration of Stephanie Hines in Support of Defendants' Joint Response to Plaintiffs' Motion to Remand. Filed by Ameritrade Advisory Services, LLC. (Related document(s): Reply to Motion #51 .) (Ellis, Barnes) |
| Filing 52 Supplement Affidavit of Barnes H. Ellis in Support of Notice of Removal. Filed by Ameritrade Advisory Services, LLC. (Related document(s): Notice #6 .) (Ellis, Barnes) |
| Filing 51 Joint Reply to Motion to Remand Case to State Court #24 Oral Argument requested. Filed by Ameritrade Advisory Services, LLC. (Ellis, Barnes) |
| Filing 50 Affidavit of Dudley W. Gaouette in Support of Motion Notice of Filing for Joinder of Notice of Removal. Filed by Bank of Oswego. (Related document(s): Motion for Joinder #49 .) (Gaouette, Dudley) |
| Filing 49 Motion for Joinder of Notice of removal By Defendants Ameritrade Northwest, inc., Ameritrade Advisory Services, LLC, and Bidwell and Company. Filed by Bank of Oswego. (Gaouette, Dudley) |
| Filing 48 Unopposed Motion for Extension of Time to Answer Plaintiffs' Complaint. Filed by Washington Mutual Bank. (Phelps, Mark) |
| Filing 47 Notice of Appearance for JPMorgan Chase Bank.Filed by Washington Mutual Bank. (Phelps, Mark) |
| Filing 46 JPMorgan Chase Bank's Corporate Disclosure Statement.Filed by Washington Mutual Bank. (Phelps, Mark) Modified on 11/12/2008 (Brost, Colleen). |
| Filing 45 Unopposed Motion for Extension of Time in Which to Respond to Plaintiffs' Complaint. Filed by Fidelity Brokerage Services, LLC. (Angius, Christopher) |
| Filing 44 Notice re Motion for Extension of Time #1 Withdrawal of Motion.Filed by Fidelity Brokerage Services, LLC. (Related document(s): Motion for Extension of Time #1 .) (Angius, Christopher) |
| Filing 43 Corporate Disclosure Statement. Filed by West Coast Bank. (Shepherd, Kerry) |
| Filing 42 Corporate Disclosure Statement. Filed by Fidelity Brokerage Services, LLC. (Angius, Christopher) |
| Filing 41 Corporate Disclosure Statement. Filed by Ameritrade Advisory Services, LLC. (Ellis, Barnes) |
| Filing 40 Memorandum in Support of Ameritrade-Bidwell Defendants' Motion to Require Joinder of Necessary Parties. Filed by Ameritrade Advisory Services, LLC. (Related document(s): Motion for Joinder #39 .) (Ellis, Barnes) |
| Filing 39 Motion for Joinder. Oral Argument requested. Filed by Ameritrade Advisory Services, LLC. (Ellis, Barnes) |
| Filing 38 Affidavit of Barnes H. Ellis in Support of Motion To Dismiss. Filed by Ameritrade Advisory Services, LLC. (Related document(s): Motion to Dismiss #36 .) (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Exhibit Exhibit 6#7 Exhibit Exhibit 7#8 Exhibit Exhibit 8) (Ellis, Barnes) |
| Filing 37 Memorandum in Support of Ameritrade-Bidwell Defendants' Motion to Dismiss. Filed by Ameritrade Advisory Services, LLC. (Related document(s): Motion to Dismiss #36 .) (Ellis, Barnes) |
| Filing 36 Motion to Dismiss. Oral Argument requested. Filed by Ameritrade Advisory Services, LLC. (Ellis, Barnes) |
| Filing 35 Corporate Disclosure Statement. Filed by Private Counsulting Group, Inc.. (Larsen, Janet) |
| Filing 34 Notice of Case Reassignment: This case has been reassigned from Judge Garr M. King to Judge Michael W. Mosman. (eo) |
| Filing 33 Corporate Disclosure Statement. Filed by KBNP Radio, Inc.. (Vacura, Julie) |
| Filing 32 Corporate Disclosure Statement. Filed by American Express Financial Advisors, Inc.. (Hineline, Curt) |
| Filing 31 Unopposed Motion for Extension of Time to Answer Plaintiffs' Complaint. Filed by Private Counsulting Group, Inc.. (Larsen, Janet) |
| Filing 30 Notice of Appearance of Janet Knauss Larsen appearing on behalf of Private Counsulting Group, Inc..Filed by on behalf of Private Counsulting Group, Inc.. (Larsen, Janet) |
| Filing 29 Corporate Disclosure Statement. Filed by Wel Group, Inc.. (Hutchinson, Thomas) |
| Filing 28 Motion for Extension of Time to Answer. Filed by KBNP Radio, Inc.. (Vacura, Julie) |
| Filing 27 Certificate of Service by Tim Merrihew, Linda Merrihew of Notice of Dismissal of Party #25 Without Prejudice of Defendant Anne Rhodes, Only Filed by Tim Merrihew, Linda Merrihew. (Gatti, Daniel) |
| Filing 26 Certificate of Service by Tim Merrihew, Linda Merrihew of Motion to Remand Case to State Court #24 Filed by Tim Merrihew, Linda Merrihew. (Gatti, Daniel) |
| Filing 25 Notice of Dismissal of Party Without Prejudice of Defendant Anne Rhodes, Only.Filed by all plaintiffs. (Gatti, Daniel) |
| Filing 24 Motion to Remand Case to State Court. Filed by all plaintiffs. (Attachments: #1 Exhibit Exhibit a; Not. Dismiss Anne Rhodes) (Gatti, Daniel) |
| Filing 23 Corporate Disclosure Statement. Filed by Wells Fargo Bank Northwest, National Association, Inc.. (Durkee, Tanya) |
| Filing 22 Corporate Disclosure Statement. Filed by MML Investor Services, Inc., Massachusetts Mutual Life Insurance Company. (Hines, Stephanie) |
| Filing 21 Unopposed Motion for Extension of Time to Answer Plaintiffs' Complaint (Unopposed Motion for Extension of Time in Which to Respond to Plaintiffs' Complaint). Filed by Wells Fargo Bank Northwest, National Association, Inc.. (Durkee, Tanya) |
| Filing 20 Notice of Attorney Withdrawal: and Substitution of Attorney of Record.Filed by MML Investor Services, Inc., Massachusetts Mutual Life Insurance Company. (Fortino, Paul) |
| Filing 19 Unopposed Motion for Extension of Time. Filed by John T. Carr, Carr & Schwartz, LLC(an Oregon limited liability company), Carr & Schwartz, LLP(a domestic registered limited liability partnership). (Watts, Susan) |
| Filing 18 Corporate Disclosure Statement. Filed by Umpqua Bank. (Eckert, C.) |
| Filing 17 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. Filed by West Coast Bank. (Shepherd, Kerry) |
| Filing 16 Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Garr M. King. (eo) |
| Filing 15 Motion for Extension of Time to Respond to Complaint. Filed by American Express Financial Advisors, Inc.. (Hineline, Curt) |
| Filing 14 Corporate Disclosure Statement. Filed by Charles Schwab and Company, Inc.. (Buchanan, Paul) |
| Filing 13 Unopposed Motion for Extension of Time to Respond to the Complaint. Filed by Charles Schwab and Company, Inc.. (Buchanan, Paul) |
| Filing 12 Unopposed Motion for Extension of Time to Answer Complaint. Filed by Bidwell and Company. (Ellis, Barnes) |
| Filing 11 Memorandum in Support of Motion to Dismiss. Filed by Umpqua Bank. (Related document(s): Motion to Dismiss #10 .) (Eckert, C.) |
| Filing 10 Motion to Dismiss. Oral Argument requested. Filed by Umpqua Bank. (Eckert, C.) |
| Filing 9 Unopposed Motion for Extension of Time to Answer Plaintiffs' Complaint. Filed by Wel Group, Inc.. (Hutchinson, Thomas) |
| Filing 8 Unopposed Motion for Extension of Time to Answer. Filed by Business Transactions, LLC. (Simmons, Ernest) |
| Filing 7 Unopposed Motion for Extension of Time to Respond to the Complaint. Filed by MML Investor Services, Inc., Massachusetts Mutual Life Insurance Company. (Baum, Richard) |
| Filing 6 Notice re Notice of Removal, #3 Consent to Removal.Filed by Charles Schwab and Company, Inc.. (Related document(s): Notice of Removal, #3 .) (Buchanan, Paul) |
| Filing 2 Motion for Extension of Time to Appear. Filed by David P. Grau. (Mersereau, Peter) |
| Filing 1 Unopposed Motion for Extension of Time In Which to Respond to Plaintiffs' Complaint. Filed by Fidelity Brokerage Services, LLC. (Angius, Christopher) |
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Filing 5
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Anna J. Brown. Discovery is to be completed by 2/17/2009. Joint Alternate Dispute Resolution Report is due by 3/19/2009. Pretrial Order is due by 3/19/2009. Ordered by Judge Anna J. Brown. (ecp)
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| Filing 4 Affidavit of Barnes H. Ellis in Support of Notice of Removal. Filed by Bidwell and Company, Ameritrade Northwest, Inc., Ameritrade Advisory Services, LLC. (Related document(s): Notice of Removal, #3 .) (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Exhibit Exhibit 6#7 Exhibit Exhibit 7#8 Exhibit Exhibit 8#9 Exhibit Exhibit 9#10 Exhibit Exhibit 10#11 Exhibit Exhibit 11#12 Exhibit Exhibit 12#13 Exhibit Exhibit 13#14 Exhibit Exhibit 14#15 Exhibit Exhibit 15#16 Exhibit Exhibit 16#17 Exhibit Exhibit 17#18 Exhibit Exhibit 18) (ecp) (Additional attachment(s) added on 7/9/2015: #19 Original signature) (dnt). (Additional attachment(s) added on 7/9/2015: #20 missing page) (dnt). |
| Filing 3 Notice of Removal of Case Number 0808-12503 from Multnomah County Circuit Court. Filing Fee in amount of $350 collected. Receipt No. 23563 issued.Filed by Bidwell and Company, Ameritrade Northwest, Inc., Ameritrade Advisory Services, LLC. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Exhibit Exhibit C - Part 1#4 Exhibit Exhibit C - Part 2#5 Exhibit Exhibit C - Part 3#6 Exhibit Exhibit C - Part 4#7 Exhibit Exhibit C - Part 5#8 Exhibit Exhibit D) (ecp) (Additional attachment(s) added on 7/9/2015: #9 Civil cover) (dnt). |
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