Digitalira.com, LLC et al v. The Kingdom Trust Company
| Digitalira.com, LLC and Alternative IRA Services, LLC |
| The Kingdom Trust Company |
| 4:2019cv04147 |
| August 26, 2019 |
| US District Court for the District of South Dakota |
| Karen E Schreier |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.
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Filing 52
ORDER granting #51 Motion for Admission Pro Hac Vice of Attorney Seth E. Darmstadter for Alternative IRA Services, LLC and Digitalira.com, LLC. Signed by U.S. District Judge Karen E. Schreier on 10/24/2019. (DJP)
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| Filing 51 MOTION for Attorney Seth E. Darmstadter to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3180101) by Digitalira.com, LLC. (Nichols, Shawn) |
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Filing 50
ORDER LIFTING STAY and scheduling hearing. Motion Hearing set for 11/1/2019 at 09:00 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 10/23/2019. (DJP)
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| Filing 49 AFFIDAVIT of Jason Anderson re #48 Response to Motion, . (Attachments: #1 Exhibit A - Bitcoin IRA E-mail) (Roche, Vincent) Modified on 10/23/2019 to link to original motion(KLE). |
| Filing 48 RESPONSE to Motion re #47 MOTION to Stay re #44 Order on Motion to Dismiss, #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction MOTION for Temporary Restraining Order MOTION for Reconsideration to Lift Stay and Set Hearing on Motion for Temporary Restraining Order filed by The Kingdom Trust Company. (Attachments: #1 Exhibit 1 - Response and Exhibits) (Roche, Vincent) Modified on 10/23/2019 to add text (KLE). |
| Filing 47 MOTION to LIFT Stay re #44 Order on Motion to Dismiss, and Set hearing on #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction MOTION for Temporary Restraining Order by Alternative IRA Services, LLC, Digitalira.com, LLC. (Nichols, Shawn) Modified on 10/22/2019 to edit text (KLE). |
| Filing 46 REQUEST for Judicial Notice of Order of Dismissal by Plaintiffs Alternative IRA Services, LLC, Digitalira.com, LLC re #44 Order on Motion to Dismiss, #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction MOTION for Temporary Restraining Order (Attachments: #1 Exhibit Opinion and Order) (Nichols, Shawn) |
| Filing 45 TRANSCRIPT of Proceedings re #42 Motion Hearing held on 9-13-2019 before Judge Karen Schreier. Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 1/2/2020. (Connelly, Jill) |
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Filing 44
ORDER STAYING PROCEEDINGS. Signed by U.S. District Judge Karen E. Schreier on 9/13/19. (JLS)
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| Filing 43 ORAL ORDER denying #39 Motion to Strike. Signed by U.S. District Judge Karen E. Schreier on 9/13/19. (JLS) |
| Filing 42 Motion Hearing held on 9/13/2019 before U.S. District Judge Karen E. Schreier. (Court Reporter: Jill Connelly) (JLS) |
| Filing 41 REQUEST for Judicial Notice of Complaint by Plaintiffs Alternative IRA Services, LLC, Digitalira.com, LLC (Attachments: #1 Exhibit A - Complaint) (Nichols, Shawn) |
| Filing 40 MEMORANDUM in Support re #39 MOTION to Strike #35 Memorandum in Opposition to Motion, #36 Affidavit in Opposition to Motion, #37 Memorandum in Opposition to Motion, filed by Alternative IRA Services, LLC, Digitalira.com, LLC. (Nichols, Shawn) |
| Filing 39 MOTION to Strike #35 Memorandum in Opposition to Motion, #36 Affidavit in Opposition to Motion, #37 Memorandum in Opposition to Motion, by Alternative IRA Services, LLC, Digitalira.com, LLC. (Nichols, Shawn) |
| Filing 38 NOTICE by Alternative IRA Services, LLC, Digitalira.com, LLC OF FILING OF FIRST AND SECOND MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF KENTUCKY. (Attachments: #1 Exhibit A - Kentucky Motion to Dismiss for Lack of Personal Jurisdiction [FRCP 12(b)(2)], or, Alternatively, Motion to Transfer [28 U.S.C. 1404(a)], #2 Exhibit B - Kentucky Motion to Dismiss [FRCP 12(b)(6)] and Motion for More Definite Statement [12(e)])(Nichols, Shawn) |
| Filing 37 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction MOTION for Temporary Restraining Order filed by The Kingdom Trust Company. (Attachments: #1 Exhibit Affidavit of Tim Kuhman, #2 Exhibit Affidavit of Jason Anderson) (Brost, Ashley) |
| Filing 36 [FILED IN ERROR] AFFIDAVIT in Opposition re #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction MOTION for Temporary Restraining Order filed by The Kingdom Trust Company. (Attachments: #1 Exhibit Affidavit of Tim Kuhman, #2 Exhibit Affidavit of Jason Anderson) (Brost, Ashley) Modified on 9/12/2019 add text (KLE). |
| NOTICE of Filing Error: #35 Memorandum in Opposition to Motion, was filed in error and should be disregarded. (Brost, Ashley) |
| NOTICE of Filing Error: #36 Affidavit in Opposition to Motion, was filed in error and should be disregarded. (Brost, Ashley) |
| Filing 35 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction MOTION for Temporary Restraining Order filed by The Kingdom Trust Company. (Attachments: #1 Exhibit Exhibit A - Affidavit of Tim Kuhman, #2 Exhibit Exhibit B - Affidavit of Jason Anderson) (Brost, Ashley) |
| Filing 34 TEXT SCHEDULING ORDER: Motion Hearing on Defendant's Motion to Dismiss or Transfer Venue set for 9/13/2019 at 01:30 PM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier Signed by U.S. District Judge Karen E. Schreier on September 10, 2019. (Schreier, Karen) |
| Filing 33 NOTICE by Alternative IRA Services, LLC, Digitalira.com, LLC OF NON-OPPOSITION FOR MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. (Nichols, Shawn) |
| Filing 32 AFFIDAVIT of Jessica Shay Morgan in Support re #13 MOTION to DISMISS or Transfer Venue Based on First-Filed Rule of Jessica Shay Morgan filed by The Kingdom Trust Company. (Attachments: #1 Exhibit 1 - Return Receipt, #2 Exhibit 2 - June 20, 2019 Letter, #3 Exhibit 3 - July 9, 2019 Letter, #4 Exhibit 4 - Letter from Jessica Shay) (Roche, Vincent) Modified on 9/6/2019 to add name (KLE). |
| Filing 31 AFFIDAVIT of Matt Jennings in Support re #13 MOTION to DISMISS or Transfer Venue Based on First-Filed Rule of Matt Jennings filed by The Kingdom Trust Company. (Roche, Vincent) Modified on 9/6/2019 to add text (KLE). |
| Filing 30 REPLY in Support of #13 Motion to Dismiss In Support of Motion to Dismiss or Transfer Venue Based on First Filed Rule filed by The Kingdom Trust Company. (Roche, Vincent) Modified on 9/6/2019 to add text (KLE). |
| Filing 29 AFFIDAVIT of Service of Summons and Complaint served on Tim Kuhman, Reg Agent for Kingdom Trust Co on 8-28-19, filed by Alternative IRA Services, LLC. (Landon, Stephen) |
| Filing 28 DECLARATION of Chris Kline re #25 Memorandum in Opposition to #13 Motion to Dismiss or Transfer Venue Based on First-Filed Rule. (Attachments: #1 Exhibit A - 07/03/2019 Email, #2 Exhibit B - 07/08/2019 Email, #3 Exhibit C - KTC Customer Service Email 7.10.19, #4 Exhibit D - 07/11/2019 Email, #5 Exhibit E - 07/24/2019 Email) (Nichols, Shawn) Modified on 9/4/2019 to link to original motion (KLE). |
| Filing 27 AFFIDAVIT of Shawn Nichols re #25 Memorandum in Opposition to #13 Motion to Dismiss or Transfer Venue Based on First-Filed Rule. (Attachments: #1 Exhibit A - Filing Information SD SOS, #2 Exhibit B - Information Kentucky SOS, #3 Exhibit C - Kentucky Department of Financial Institutions, #4 Exhibit D - Kentucky Complaint, #5 Exhibit E - Kentucky Docket) (Nichols, Shawn) Modified on 9/4/2019 to link to original motion (KLE). |
| Filing 26 DECLARATION of Camilo Concha re #25 Memorandum in Opposition to #13 Motion to Dismiss or Transfer Venue Based on First-Filed Rule. (Nichols, Shawn) Modified on 9/4/2019 to link to original motion (KLE). |
| Filing 25 MEMORANDUM in Opposition re #13 MOTION to DISMISS or Transfer Venue Based on First-Filed Rule filed by Alternative IRA Services, LLC, Digitalira.com, LLC. (Nichols, Shawn) |
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Filing 24
ORDER granting #19 Motion for Admission Pro Hac Vice of Jesse Contreras. Signed by U.S. District Judge Karen E. Schreier on 8/30/2019. (DJP)
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Filing 23
ORDER granting #17 Motion for Admission Pro Hac Vice of Scott Lyon. Signed by U.S. District Judge Karen E. Schreier on 8/30/2019. (DJP)
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Filing 22
ORDER granting #18 Motion for Admission Pro Hac Vice of Mona Z. Hanna. Signed by U.S. District Judge Karen E. Schreier on 8/30/2019. (DJP)
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Filing 21
ORDER setting Motion Hearing for 9/13/2019 at 01:30 PM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Granting #15 MOTION to Expedite Briefing Schedule on Motion to Dismiss or Transfer and for Continuance of Hearing on Plaintiffs' Motion for TRO. Signed by U.S. District Judge Karen E. Schreier on 8/30/2019. (DJP)
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| Filing 20 MEMORANDUM in Opposition re #13 MOTION to DISMISS or Transfer Venue Based on First-Filed Rule, #15 MOTION to Expedite Briefing Schedule on Motion to Dismiss or Transfer and for Continuance of Hearing on Plaintiffs' Motion for TRO filed by Digitalira.com, LLC. (Nichols, Shawn) |
| Filing 19 MOTION for Attorney Jesse Contreras to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3144192) by Digitalira.com, LLC. (Nichols, Shawn) |
| Filing 18 MOTION for Attorney Mona Z. Hanna to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3144190) by Digitalira.com, LLC. (Nichols, Shawn) |
| Filing 17 MOTION for Attorney Scott Lyon to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3144186) by Digitalira.com, LLC. (Nichols, Shawn) |
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Filing 16
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Jessica Shay Morgan for The Kingdom Trust Company. Signed by U.S. District Judge Karen E. Schreier on 8/30/2019. (DJP)
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| Filing 15 MOTION to Expedite Briefing Schedule on #13 Motion to Dismiss or Transfer and for Continuance of Hearing on Plaintiffs' Motion for TRO by The Kingdom Trust Company. (Roche, Vincent) Modified on 9/3/2019 (KLE). |
| Filing 14 MEMORANDUM in Support re #13 MOTION to DISMISS or Transfer Venue Based on First-Filed Rule filed by The Kingdom Trust Company. (Attachments: #1 Exhibit Complaint) (Roche, Vincent) |
| Filing 13 MOTION to DISMISS or Transfer Venue Based on First-Filed Rule by The Kingdom Trust Company. (Roche, Vincent) |
| Filing 12 TEXT SCHEDULING ORDER: Motion Hearing set for 9/4/2019 at 03:00 PM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier Signed by U.S. District Judge Karen E. Schreier on 08/30/2019. (HM) |
| Filing 11 MOTION for Attorney Jessica Shay Morgan to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3143319) by The Kingdom Trust Company. (Roche, Vincent) |
| Filing 10 NOTICE of Appearance by Ashley R. Brost on behalf of The Kingdom Trust Company. (Brost, Ashley) |
| Filing 9 NOTICE of Appearance by Vincent M. Roche on behalf of The Kingdom Trust Company. (Roche, Vincent) |
| Filing 8 DECLARATION of Roy Trimboli In Support of - re #4 Memorandum in Support of Motion, #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction . (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Agreement, #3 Exhibit C - Agreement, #4 Exhibit D - Agreement, #5 Exhibit E - Agreement, #6 Exhibit F - Email, #7 Exhibit G - Email, #8 Exhibit H - FAQ) (Nichols, Shawn) |
| Filing 7 DECLARATION of Jean Ishihara in Support of - re #4 Memorandum in Support of Motion, #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction . (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Agreement, #3 Exhibit C - Agreement, #4 Exhibit D - Complaint) (Nichols, Shawn) |
| Filing 6 DECLARATION of Chris Kline in Support of - re #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction, #4 Memorandum in Support of Motion . (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Letter, #3 Exhibit C - Letter, #4 Exhibit D - Letter, #5 Exhibit E - Email, #6 Exhibit F - Email, #7 Exhibit G - FAQ, #8 Exhibit H - Letter, #9 Exhibit I - Chart) (Nichols, Shawn) |
| Filing 5 CERTIFICATE OF SERVICE by Digitalira.com, LLC re #4 Memorandum in Support of Motion, #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction . (Nichols, Shawn) |
| Filing 4 MEMORANDUM in Support re #3 MOTION for Preliminary Injunction Temporary Restraining Order and Preliminary Injunction filed by Digitalira.com, LLC. (Nichols, Shawn) |
| Filing 3 MOTION for Preliminary Injunction and Temporary Restraining Order by Digitalira.com, LLC. (Nichols, Shawn). Added MOTION for Temporary Restraining Order on 8/29/2019 (KLE). |
| Filing 2 Summons Issued as to The Kingdom Trust Company. One Summmons(es), Rule 73 Memo and AO 85 for each party delivered to Plaintiffs' counsel via electronic delivery. (Attachments: #1 Summons, #2 AO85)(DJP) |
| Filing 1 COMPLAINT with Jury Demand, ($400 fee paid, receipt# 0869-3140520) filed by Digitalira.com, LLC, Alternative IRA Services, LLC in shell case on 8/26/2019. (Attachments: #1 Ex A - Referral Agreement, #2 Ex B-1 - Kingdom Trust Traditional IRA Custodial Agreement and Disclosure Stmt, #3 Ex B-2 - Kingdom Trust Roth IRA Custodial Agreement and Disclosure Stmt, #4 Ex C - 6/20/2019 Concha cease and desist ltr to Jennings, #5 Ex D - 7/9/19 Morgan ltr to Concha, #6 Ex E - 8/23/19 Anderson ltr to Bullion, #7 Ex F - 8/23/19 email from Kingdom Trust, #8 Ex G - 8/23/19 email from Kington Trust, #9 Ex H - Kingdom Trust FAQ, #10 Ex I - 8/23/19 email Hanna to Anderson and Kuhman) (DJP) |
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