Miller v. Honkamp Krueger Financial Services, Inc et al
| Cara Miller |
| Blucora, Inc. |
| Honkamp Krueger Financial Services, Inc. |
| Mariner Wealth Advisors, LLC |
| 5:2020cv05056 |
| September 4, 2020 |
| US District Court for the District of South Dakota |
| Karen E Schreier |
| Jeffrey L Viken |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 58 REPLY to Motion Response re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Mariner Wealth Advisors, LLC, Cara Miller. (Hickey, Michael) |
| Filing 57 REPLY to Motion Response re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER REGARDING NON-SOLICITATION PROVISIONS filed by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) |
Filing 56
ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Karen E. Schreier on 10/15/2020. (SLT)
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| TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #55 Answer to Counterclaim, #51 Notice, #52 Brief, #50 Transcript,, #53 Brief, #54 Declaration,.. (SLT) |
| Filing 55 ANSWER to #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, by Mariner Wealth Advisors, LLC, Cara Miller. (Hickey, Michael) |
| Filing 54 DECLARATION of Katie M. Connolly re #44 Order on Motion for Preliminary Injunction . (Attachments: #1 Exhibit A - Email Anderson-HKFS, #2 Exhibit B - MN Transcript, #3 Exhibit C - Draft Retention Ag, #4 Exhibit D - Blucora Form 8-K) (Hickey, Michael) |
| Filing 53 BRIEF by ThirdParty Defendant Mariner Wealth Advisors, LLC, Plaintiff Cara Miller, Counter Defendant Cara Miller re #44 Order on Motion for Preliminary Injunction (Post-Hearing Memorandum of Law Re Non-Solicitation Provisions) (Hickey, Michael) Modified on 10/19/2020 to link to doc. 8(SLT). |
| Filing 52 BRIEF by Defendant Honkamp Krueger Financial Services, Inc. re #44 Order on Motion for Preliminary Injunction on Enforceability of Non-Solicitation Restrictions (Shattuck, Timothy) Modified on 10/19/2020 to link to doc. 8(SLT). |
| Filing 51 NOTICE by Honkamp Krueger Financial Services, Inc. OF PRELIMINARY INJUNCTION BOND. (Shattuck, Timothy) |
| Filing 50 TRANSCRIPT of Motions Hearing (Volume I of II) re #35 held on September 29 and 30, 2020 before Judge Karen E. Schreier. Court Reporter: Connie Heckenlaible, Telephone number 605-945-4622. 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 1/7/2021. (Attachments: #1 Volume II of II) (CJH) |
| Filing 49 Consolidated Appeal Briefing Schedule Order for #47 Notice of Appeal filed by Mariner Wealth Advisors, LLC, Cara Miller, #42 Notice of Appeal, filed by Mariner Wealth Advisors, LLC, Cara Miller. Transcript due by 11/17/2020.. (TAL) |
| Filing 48 USCA Case Number for #47 Notice of Appeal filed by Mariner Wealth Advisors, LLC, Cara Miller. USCA Case Number: 20-3081. (TAL) |
| Filing 47 NOTICE OF APPEAL as to #44 Order on Motion for Preliminary Injunction by Mariner Wealth Advisors, LLC, Cara Miller. (paid $505 Appellate Filing fee; receipt number 0869-3405306). (Hickey, Michael) |
| Filing 46 USCA Case Number and Appeal Briefing Schedule Order for #42 Notice of Appeal, filed by Mariner Wealth Advisors, LLC, Cara Miller. USCA Case Number: 20-3061 Transcript due by 11/16/2020. (Attachments: #1 briefing schedule). (TAL) |
| TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #44 Order on Motion for Preliminary Injunction, #45 Order, #47 Notice of Appeal.. (SLT) |
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Filing 45
ORDER re #40 Stipulation for Extension of Time filed by Mariner Wealth Advisors, LLC, Cara Miller. Signed by U.S. District Judge Karen E. Schreier on 10/2/2020. (JLS)
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Filing 44
ORDER partially granting #8 Motion for Preliminary Injunction as to the Covenant not to Compete. Signed by U.S. District Judge Karen E. Schreier on 10/2/2020. (JLS) Modified on 10/14/2020 to correct docket text (SLT).
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| Filing 43 TRANSMITTAL of Notice of Interlocutory Appeal to 8th Circuit Court of Appeals re #42 Notice of Interlocutory Appeal. (SLT) |
| Filing 42 NOTICE OF INTERLOCATORY APPEAL as to Oral Order entered at the conclusion of the #35 Court Trial held 9/29 and 9/30, by Mariner Wealth Advisors, LLC, Cara Miller. (paid $505 Appellate Filing fee; receipt number 0869-3403872). (Hickey, Michael) Modified text per phone call from law office on 10/2/2020 (JLS). Modified on 10/2/2020 (SLT). |
| Filing 41 PROPOSED ORDER by Mariner Wealth Advisors, LLC, Cara Miller re #40 Stipulation for Extension of Time to Respond to Counterclaims (Hickey, Michael) |
| Filing 40 STIPULATION for Extension of Time to Respond to Counterclaims by Mariner Wealth Advisors, LLC, Cara Miller. (Hickey, Michael) |
| Filing 39 DEFENDANT'S RESTRICTED EXHIBITS offered by Honkamp Krueger Financial Services, Inc. during #35 Court Trial - Completed on September 29-30, 2020 before U.S. District Judge Karen E. Schreier. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 10/22/2020. (DJP) |
| Filing 38 PLAINTIFF'S RESTRICTED EXHIBITS offered by Cara Miller during #35 Court Trial - Completed on September 29-30, 2020 before U.S. District Judge Karen E. Schreier. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 10/22/2020. (DJP) |
| Filing 37 Defendant's Exhibit List re #35 Court Trial - Completed held on September 29-30, 2020 before U.S. District Judge Karen E. Schreier. (DJP) |
| Filing 36 Plaintiff's Exhibit List re #35 Court Trial - Completed held on September 29-30, 2020 before U.S. District Judge Karen E. Schreier. (DJP) |
| Filing 35 Court Trial completed on 9/30/2020 before U.S. District Judge Karen E. Schreier.. (Court Reporter: Connie Heckenlaible) (DJP) |
| Court Trial began on 9/29/2020 before U.S. District Judge Karen E. Schreier.. (Court Reporter: Connie Heckenlaible) (DJP) |
| Filing 34 Exhibit List by Mariner Wealth Advisors, LLC, Cara Miller (Hickey, Michael) |
| Filing 33 Status Conference held on 9/24/2020. before U.S. District Judge Karen E. Schreier.. (Court Reporter: Carla Dedula) (DJP) |
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Filing 32
ORDER granting #29 Motion to Continue. Motion Hearing set for 9/29/2020 at 09:00 CDT AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. The hearing will be conducted by videoconference in light of COVID-19. Signed by U.S. District Judge Karen E. Schreier on September 24, 2020. (Schreier, Karen)
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| Filing 31 PROPOSED ORDER by Mariner Wealth Advisors, LLC, Cara Miller re #29 MOTION to Continue Hearing on Motion for Preliminary Injunction or, in the alternative, Temporary Restraining Order (Hickey, Michael) |
| Filing 30 AFFIDAVIT in Support re #29 MOTION to Continue Hearing on Motion for Preliminary Injunction or, in the alternative, Temporary Restraining Order filed by Mariner Wealth Advisors, LLC, Cara Miller. (Attachments: #1 Exhibit A- 200917 Emails, #2 Exhibit B- Casey Peterson Screenshot) (Hickey, Michael) |
| Filing 29 MOTION to Continue Hearing on Motion for Preliminary Injunction or, in the alternative, Temporary Restraining Order by Mariner Wealth Advisors, LLC, Cara Miller. (Hickey, Michael) |
| Filing 28 AFFIDAVIT in Support re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Honkamp Krueger Financial Services, Inc.. (Attachments: #1 Exhibit A - July 24, 2020 Cara Miller Email) (Shattuck, Timothy) |
| Filing 27 AFFIDAVIT in Support re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Honkamp Krueger Financial Services, Inc.. (Attachments: #1 Exhibit A - Registrations of HKFS and Miller, #2 Exhibit B - September 8, 2020 John Darrah Email, #3 Exhibit C - September 8, 2020 Casey Peterson Emails, #4 Exhibit D - Placeholder for Audio of Voicemail Recording 1 of J. Hoffman, #5 Exhibit E - Placeholder for Audio of Voicemail Recording 2 of J. Hoffman, #6 Exhibit F - September 22, 2020 Mollyn Nelson Email, #7 Exhibit G - Cara Miller September 7, 2020 Resignation Letter) (Shattuck, Timothy) |
| Filing 26 REPLY to Motion Response re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) |
| Filing 25 TEXT SCHEDULING ORDER: Motion Hearing on the Preliminary Injunction Motion set for 9/24/2020 at 11:00 AM Central Daylight time/ 10:00 AM Mountain Daylight time in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. The hearing will be conducted by videoconference. Signed by U.S. District Judge Karen E. Schreier on September 22, 2020. (Schreier, Karen) |
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Filing 24
ORDER OF ASSIGNMENT. Case reassigned to U.S. District Judge Karen E. Schreier for all further proceedings. Signed by Chief Judge Roberto A. Lange on 9/21/2020. (JLS)
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Filing 23
ORDER OF RECUSAL. U.S. District Judge Jeffrey L. Viken recused. Signed by U.S. District Judge Jeffrey L. Viken on 9/21/2020. (JLS)
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| Filing 22 Restricted Letter to the Court. (JLS) |
| Filing 21 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER (Amy Messersmith's Declaration) filed by Mariner Wealth Advisors, LLC, Cara Miller. (Attachments: #1 Exhibit 1-SGA Acknowledgment, #2 Exhibit 2-DSB Acknowledgment, #3 Exhibit 3-BTB Acknowledgment, #4 Exhibit 4-JB Acknowledgment, #5 Exhibit 5-DKB Acknowledgment, #6 Exhibit 6-CM Acknowledgment, #7 Exhibit 7-GC Acknowledgment, #8 Exhibit 8-RD Acknowledgment, #9 Exhibit 9-JND Acknowledgment, #10 Exhibit 10-EMF Acknowledgment, #11 Exhibit 11-RMF Acknowledgment, #12 Exhibit 12-BJG Acknowledgment, #13 Exhibit 13-KRZ Acknowledgment, #14 Exhibit 14-TDH Acknowledgment, #15 Exhibit 15-KH Acknowledgment, #16 Exhibit 16-DRH Acknowledgment, #17 Exhibit 17-JML Acknowledgment, #18 Exhibit 18-BL Acknowledgment, #19 Exhibit 19-DSM Acknowledgment, #20 Exhibit 20-WM Acknowledgment, #21 Exhibit 21-DM Acknowledgment, #22 Exhibit 22-DRP Acknowledgment, #23 Exhibit 23-SS Acknowledgment, #24 Exhibit 24-DLS Acknowledgment, #25 Exhibit 25-BKS Acknowledgment, #26 Exhibit 26-NAS Acknowledgment, #27 Exhibit 27-AJS Acknowledgment, #28 Exhibit 28-JT Acknowledgment, #29 Exhibit 29-JTRS Acknowledgment, #30 Exhibit 30-CMW Acknowledgment, #31 Exhibit 31-JJW Acknowledgment, #32 Exhibit 32-BKW Acknowledgment, #33 Exhibit 33-BZ Acknowledgment) (Hickey, Michael) |
| Filing 20 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER (Annie Ricci Taylor's Declaration) filed by Mariner Wealth Advisors, LLC, Cara Miller. (Attachments: #1 Exhibit A-Opinion re Employment Ag) (Hickey, Michael) |
| Filing 19 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER (Cara Miller Declaration) filed by Mariner Wealth Advisors, LLC, Cara Miller. (Hickey, Michael) |
| Filing 18 MEMORANDUM in Opposition re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Mariner Wealth Advisors, LLC, Cara Miller. (Hickey, Michael) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Honkamp Krueger Financial Services, Inc.. Honkamp Krueger Financial Services, Inc. waiver sent on 9/15/2020, answer due 11/16/2020. (Shattuck, Timothy) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Blucora, Inc., Honkamp Krueger Financial Services, Inc.. Blucora, Inc. waiver sent on 9/15/2020, answer due 11/16/2020. (Shattuck, Timothy) |
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Filing 15
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Jeremy D. Sosna for Honkamp Krueger Financial Services, Inc.; granting #12 Motion for Admission Pro Hac Vice of Attorney Lauren E. Clements for Honkamp Krueger Financial Services, Inc. Signed by U.S. District Judge Jeffrey L. Viken on 9/15/20. (SB)
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Filing 14
ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Katie M. Connolly for Cara Miller; granting #5 Motion for Admission Pro Hac Vice of Attorney Joel D. O'Malley for Cara Miller. Signed by U.S. District Judge Jeffrey L. Viken on 9/15/20. (SB)
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Filing 13
SCHEDULING ORDER: Motion Hearing set for 9/24/2020 at 10:00 AM in Rapid City Courtroom 1 - Room 301* before U.S. District Judge Jeffrey L. Viken. Signed by U.S. District Judge Jeffrey L. Viken on 9/11/20. (SB)
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| Filing 12 MOTION for Attorney Lauren Clements to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3390045) by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) |
| Filing 11 MOTION for Attorney Jeremy Sosna to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3390029) by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) |
| Filing 10 AFFIDAVIT in Support re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Honkamp Krueger Financial Services, Inc.. (Attachments: #1 Exhibit A - Employment Agreement, #2 Exhibit B - Position Description, #3 Exhibit C - Agreement Ancillary to Employment, #4 Exhibit D - Employee Proprietary Information Agreement, #5 Exhibit E - Resignation Letter, #6 Exhibit F - E-mail Exchange, #7 Exhibit G - Investment Advisor Representative Agreement, #8 Exhibit H- September 5, 2020 Letter with Enclosure, #9 Exhibit I - Cease and Desist Letter, #10 Exhibit J - Linked In Page) (Shattuck, Timothy) |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER filed by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) |
| Filing 8 MOTION for Preliminary Injunction OR, IN THE ALTERNATIVE, TEMPORARY RESTRAINING ORDER by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) Modified on 10/14/2020 to remove termination date (SLT). |
| Filing 7 ANSWER to #6 Amended Complaint with Jury Demand , THIRD PARTY COMPLAINT against Mariner Wealth Advisors, LLC, COUNTERCLAIM against Cara Miller by Honkamp Krueger Financial Services, Inc.. (Shattuck, Timothy) Modified on 9/10/2020 to link to correct document (SKK). |
| Filing 6 AMENDED COMPLAINT, with Jury Demand filed by Cara Miller. (Attachments: #1 Exhibit A - 2016 Agreement, #2 Exhibit B - Kane Ltr & Agreements, #3 Exhibit C - Sosna Ltr) (Hickey, Michael) |
| Filing 5 MOTION for Attorney Joel D. O'Malley to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3387594) by Cara Miller. (Hickey, Michael) |
| Filing 4 MOTION for Attorney Katie M. Connolly to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3387582) by Cara Miller. (Hickey, Michael) |
| Filing 3 NOTICE of Appearance by Emily M. Swanson on behalf of Cara Miller. (Swanson, Emily) |
| Filing 2 Summons Issued as to Blucora, Inc., Honkamp Krueger Financial Services, Inc.. 2 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 AO85)(MSB) |
| Filing 1 COMPLAINT with Jury Demand, $400 fee paid, receipt# 0869-3386923, in shell case on 09/04/2020 filed by Cara Miller. (Attachments: #1 Exhibit A) (MSB) |
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