Truist Investment Services, Inc. v. Kurtz et al
| Truist Investment Services Inc and Truist Investment Services, Inc. |
| Gary Kurtz and Michael Campos |
| 3:2022cv03899 |
| November 4, 2022 |
| US District Court for the District of South Carolina |
| Joseph F Anderson |
| Shiva V Hodges |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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| Filing 43 Sealed Document in re document 38 . (Attachments: #1 Exhibit Exhibit 12 - TIS records reflecting non-public customer information, #2 Exhibit Exhibit 14 - TIS records reflecting non-public customer information, #3 Exhibit Exhibit B - Exhibit B to the Consent Order for Preliminary Injunction)(Tarver, Derek) |
Filing 41
TEXT ORDER closing this case pending arbitration, but retaining jurisdiction should the case need to be reopened. Signed by Magistrate Judge Shiva V. Hodges on 12/6/22. (vhor)
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Filing 40
TEXT ORDER finding as moot #6 Motion for TRO. Signed by Magistrate Judge Shiva V. Hodges on 12/1/2022. (lbak)
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Filing 39
ORDER granting #35 Motion for Preliminary Injunction. Signed by Magistrate Judge Shiva V. Hodges on 12/1/2022. (lbak)
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Filing 38
TEXT ORDER granting #34 Motion to Seal. Signed by Magistrate Judge Shiva V. Hodges on 12/1/2022. (lbak)
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Filing 37
ORDER REFERRING CASE to Magistrate Judge Shiva V. Hodges. Signed by Honorable Cameron McGowan Currie on 12/1/20222. (cbru, )
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| Filing 36 CONSENT to Jurisdiction by US Magistrate Judge by Michael Campos, Gary Kurtz. (Porter, James) (Main Document 36 replaced to correct scrivener's error on 11/30/2022) (cbru, ). |
| Filing 35 MOTION for Preliminary Injunction by Truist Investment Services, Inc.. Response to Motion due by 12/13/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order, #2 Exhibit A - Protocol for Broker Recruiting, #3 Exhibit B - TIS Identified Customers (To be Filed Under Seal)) Proposed order is being emailed to chambers with copy to opposing counsel.(Tarver, Derek) Modified to edit text on 11/29/2022 (cbru, ). |
| Filing 34 MOTION to Seal TRO Hearing and Consent Order Exhibits by Truist Investment Services, Inc.. Response to Motion due by 12/13/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibits to be filed under seal)No proposed order.(Tarver, Derek) Modified to edit text on 11/29/2022 (cbru, ). |
| Filing 33 Witness and Exhibit List from TRO hearing held on 11/18/22. (mflo, ) |
| Filing 32 Minute Entry. Proceedings held before Magistrate Judge Shiva V Hodges: Motion Hearing held on 11/21/2022 re #6 MOTION for Temporary Restraining Order filed by Truist Investment Services, Inc. Witness and Exhibits; hearing is suspended until further notice of the court. Court Reporter Carly Horenkamp. (mflo, ) Modified on 11/21/2022 to correct filing date (mflo, ). |
| Filing 31 AFFIDAVIT of Michael Campos Supplemental by Michael Campos, Gary Kurtz. (Attachments: #1 Exhibit A - Forensic Report (Copied from Email from Counsel))(Porter, James) Modified to edit text on 11/21/2022 (cbru, ). |
| Filing 29 NOTICE OF RESCHEDULED HEARING ON #6 MOTION for Temporary Restraining Order: Motion Hearing set for 11/18/2022 at 1:00 PM before Honorable Joseph F Anderson Jr. cancelled and rescheduled to: Motion Hearing set for 11/18/2022 at 1:00 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Magistrate Judge Shiva V Hodges. (cbru, ) |
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Filing 28
ORDER REFERRING MOTION: #6 MOTION for Temporary Restraining Order. Signed by Honorable Cameron McGowan Currie on 11/17/2022. Motions referred to Magistrate Judge Shiva V. Hodges.(cbru, ) Modified to edit text on 11/17/2022 (cbru, ).
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| Filing 27 TEXT ORDER granting #22 Motion to Seal. Plaintiff shall file the sealed exhibits forthwith. Signed by Honorable Cameron McGowan Currie on 11/17/2022.(cbru, ) |
| Filing 26 Case Reassigned to Judge Honorable Cameron McGowan Currie. Judge Honorable Joseph F Anderson, Jr no longer assigned to the case. (glev, ) |
| Filing 25 TEXT ORDER granting #19 Motion for Daniel H. Wirth to Appear Pro Hac Vice for defendants. Directed by Honorable Joseph F Anderson, Jr on 11/17/22.(mflo, ) |
| Filing 24 TEXT ORDER granting #20 Motion for Joseph B. Alonso to Appear Pro Hac Vice. for defendants. Directed by Honorable Joseph F Anderson, Jr on 11/17/22.(mflo, ) |
| Filing 23 RESPONSE in Support re #6 MOTION for Temporary Restraining Order Response filed by Truist Investment Services Inc. (Tarver, Derek) |
| Filing 22 MOTION to Seal Exhibits in Support of its Motion for TRO, Preliminary Injunction by Truist Investment Services Inc. Response to Motion due by 12/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Tarver, Derek) See 30 Sealed documents in support of this motion. |
| Filing 21 RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order Response filed by Michael Campos, Gary Kurtz.Reply to Response to Motion due by 11/28/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Kurtz Affidavit, #2 Exhibit Campos Affidavit, #3 Exhibit Clean Copy of Protocol, #4 Exhibit Kurtz October 20 Letter, #5 Exhibit Campos, Michael - Post Employment Restrictions Letter, #6 Exhibit Truist Investment Services Privacy Notice, #7 Exhibit FINRA Rule 2140, #8 Exhibit FINRA Award, #9 Exhibit Blank Form U5, #10 Exhibit Form U5 Instructions, #11 Exhibit FINRA Regulatory Notice 19-10)(Millender, Elizabeth) (Main Document 21 replaced on 11/16/2022 as provided by filing attorney with correct signature) (mflo, ). |
| Filing 20 MOTION to Appear Pro Hac Vice by JOSEPH B. ALONSO ( Filing fee $ 350 receipt number ASCDC-10803584) by Michael Campos, Gary Kurtz. Response to Motion due by 11/30/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Pro Hac Vice Admission)No proposed order.(Millender, Elizabeth) |
| Filing 19 MOTION to Appear Pro Hac Vice by DANIEL H. WIRTH ( Filing fee $ 350 receipt number ASCDC-10803544) by Michael Campos, Gary Kurtz. Response to Motion due by 11/30/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Pro Hac Vice Admission)No proposed order.(Millender, Elizabeth) |
| Filing 18 NOTICE of Appearance by James Paul Porter on behalf of Michael Campos, Gary Kurtz (Porter, James) (Main Document 18 replaced on 11/16/2022 as provided by filing attorney) (mflo, ). |
| Filing 17 NOTICE of Appearance by Elizabeth Salley Millender on behalf of Michael Campos, Gary Kurtz (Millender, Elizabeth) |
| Filing 16 TEXT ORDER granting #12 Motion for Michael J. Fortunato to Appear Pro Hac Vice on behalf of plaintiff. Directed by Honorable Joseph F Anderson, Jr on 11/14/22.(mflo, ) |
| Filing 15 TEXT ORDER granting #11 Motion for Edward J. Heffernan to Appear Pro Hac Vice on behalf of plaintiff. Directed by Honorable Joseph F Anderson, Jr on 11/14/22.(mflo, ) |
| Filing 14 NOTICE OF RESCHEDULED HEARING ON MOTION for Temporary Restraining Order on 11/30/2022 at 11:00 AM cancelled and rescheduled to: Motion Hearing on #6 MOTION for Temporary Restraining Order set for 11/18/2022 01:00 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 13 DELETION OF DOCKET ENTRY NUMBER 10 Reason: to add to #9 main document an attachment that was filed separately (mflo, ) |
| Filing 12 MOTION to Appear Pro Hac Vice by Michael J. Fortunato ( Filing fee $ 350 receipt number ASCDC-10797024) by Truist Investment Services Inc. Response to Motion due by 11/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Application/Affidavit for Pro Hac Vice Admission Michael J. Fortunato)Proposed order is being emailed to chambers with copy to opposing counsel.(Tarver, Derek) |
| Filing 11 MOTION to Appear Pro Hac Vice by Edward J. Heffernan ( Filing fee $ 350 receipt number ASCDC-10797000) by Truist Investment Services Inc. Response to Motion due by 11/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Application/Affidavit for Pro Hac Vice Admission Edward J. Heffernan)Proposed order is being emailed to chambers with copy to opposing counsel.(Tarver, Derek) |
| Filing 9 SUPPLEMENT by Truist Investment Services Inc to #6 MOTION for Temporary Restraining Order NOTICE OF SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR A TEMPORARY RESTRAINING ORDER. (Tarver, Derek) (Additional attachment(s) added on 11/14/2022: #1 Supplemental Affidavit of Benjamin Denning) to add to main document an attachment that was filed separately (mflo, ). |
| Filing 8 NOTICE of Hearing on Motion #6 MOTION for Temporary Restraining Order : Motion Hearing set for 11/30/2022 11:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 6 MOTION for Temporary Restraining Order by Truist Investment Services Inc. Response to Motion due by 11/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 to TRO Motion - Affidavit of Benjamin Denning, #2 Memo in Support, #3 Exhibit A to Memo - FINRA Rule 13804, #4 Exhibit B to Memo - Morgan Stanley v Choy (2008))Proposed order is being emailed to chambers with copy to opposing counsel.(Tarver, Derek) |
| Filing 4 Summons Issued as to Michael Campos. (mflo, ) |
| Filing 3 Summons Issued as to Gary Kurtz. (mflo, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Truist Investment Services Inc.(mflo, ) |
| Filing 1 COMPLAINT for INJUNCTIVE RELIEF against Michael Campos, Gary Kurtz ( Filing fee $ 402 receipt number ASCDC-10787555.), filed by Truist Investment Services Inc. Service due by 2/2/2023 (Attachments: #1 Exhibit 1 Gary Kurtz Agreement, #2 Exhibit 2 Michael Campos Agreement, #3 Exhibit 3 Protocol for Broker Recruiting, #4 Exhibit 4 September 28, 2021 Qualification Letter, #5 Exhibit 5 Kurtz October 20, 2022 Correspondence, #6 Exhibit 6 Campos October 25, 2022 Correspondence)(mflo, ) |
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