Allgier v. Open Mortgage, LLC
Plaintiff: Russell Allgier
Counter Claimant: Open Mortgage, LLC
Counter Defendant: Homestar Financial Corporation, Jamee Allgier and David Fritz
Case Number: 5:2021cv05026
Filed: April 16, 2021
Court: US District Court for the District of South Dakota
Presiding Judge: Jeffrey L Viken
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2021 Filing 63 JUDGMENT OF DISMISSAL. Signed by U.S. District Judge Jeffrey L. Viken on 9/13/21. (SB)
September 2, 2021 Filing 62 STIPULATION of Dismissal with Prejudice (Joint) by Open Mortgage, LLC. (Tobin, Michael)
August 19, 2021 Filing 61 REPLY to Motion Response re: #18 Motion for Preliminary Injunction, #49 Order on Motion to Expedite DEFENDANTS CONSOLIDATED REPLY IN SUPPORT OF ITS AMENDED BRIEF IN SUPPORT OF DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION filed by Open Mortgage, LLC. (Tobin, Michael) Modified text on 8/20/2021 (DJP).
August 17, 2021 Filing 60 Amended Declaration of Timothy Rahn by Homestar Financial Corporation. (Attachments: #1 Exhibit LOI, #2 Exhibit Open Mortgage 30(b)(6) Deposition, #3 Exhibit Allgier Deposition, #4 Exhibit Tana Gordon Deposition, #5 Exhibit May 15, 2020 Email, #6 Exhibit July 8, 2020 Email, #7 Exhibit Draft Letter, #8 Exhibit Homestar 30(b)(6) Deposition, #9 Exhibit October 9, 2020 Email, #10 Exhibit October 13, 2020 Email, #11 Exhibit Amendment to Agreement, #12 Exhibit October 13, 2020 Email, #13 Exhibit October 17, 2020 Email, #14 Exhibit October 27, 2020 Email, #15 Exhibit October 27, 2020 Email) (Rahn, Timothy) Modified docket text to remove motion event on 8/18/2021 (MSB).
August 16, 2021 Filing 59 DECLARATION of Timothy R. Rahn re #57 Response to #18 Motion for Preliminary Injunction. (Attachments: #1 Exhibit A - LOI, #2 Exhibit B - Open Mortgage 30(b)(6) Deposition, #3 Exhibit C - Allgier Deposition, #4 Exhibit D - Tana Gordon Deposition, #5 Exhibit E - May 15, 2020 Email, #6 Exhibit F - July 8, 2020 Email, #7 Exhibit G - Draft Letter, #8 Exhibit H - Homestar 30(b)(6) Deposition, #9 Exhibit I - October 9, 2020 Email, #10 Exhibit J - October 13, 2020 Email, #11 Exhibit K - Amendment to Agreement, #12 Exhibit L - October 13, 2020 Email, #13 Exhibit M - October 17, 2020 Email, #14 Exhibit N - October 27, 2020 Email, #15 Exhibit O - October 27, 2020 Email) (Rahn, Timothy) Modified to add link on 8/17/2021 (DJP). Modified event type on 8/19/2021 (DJP).
August 16, 2021 Filing 58 RECEIVED Exhibit 16 to Document 56--an audio file; exhibit scanned by IT and placed in evidence room (TAL) Modified on 8/20/2021 to add text (CLR).
August 16, 2021 Filing 57 RESPONSE to Motion re #18 MOTION for Preliminary Injunction filed by Homestar Financial Corporation. (Rahn, Timothy)
August 16, 2021 Filing 56 AFFIDAVIT of Katelyn A. Cook re #55 Response to #18 Motion for Preliminary Injunction. (Attachments: #1 Exhibit 1 - Allgier Deposition Transcript, #2 Exhibit 2 - S. Gordon Deposition Transcript, #3 Exhibit 3 - T. Gordon Deposition Transcript, #4 Exhibit 4 - ex. 2 to S. Gordon Deposition, #5 Exhibit 5 - ex. 3 to S. Gordon Deposition, #6 Exhibit 6 - ex. 4 to S. Gordon Deposition, #7 Exhibit 7 - ex. 6 to S. Gordon Deposition, #8 Exhibit 8 - ex. 7 to S. Gordon Deposition, #9 Exhibit 9 - ex. 8 to S. Gordon Deposition, #10 Exhibit 10 - ex. 11 to S. Gordon Deposition, #11 Exhibit 11 - ex. 12 to S. Gordon Deposition, #12 Exhibit 12 - ex. 13 to S. Gordon Deposition, #13 Exhibit 13 - ex. 14 to S. Gordon Deposition, #14 Exhibit 14 - ex. 5 to S. Gordon Deposition, #15 Exhibit 15 - Open Mortgage Arbitration Demand, #16 Exhibit 16 - voicemail (ALLGIER 0001), #17 Exhibit 17 - ex. 14 to Allgier Deposition) (Cook, Katelyn) Modified to add link on 8/17/2021 (DJP)
August 16, 2021 Filing 55 RESPONSE to Motion re #18 MOTION for Preliminary Injunction filed by Russell Allgier. (Cook, Katelyn)
August 6, 2021 Filing 54 AFFIDAVIT of Michael F. Tobin in Support of Amended Brief in Support of Defendant's Motion for Preliminary Injunction re #18 MOTION for Preliminary Injunction , #49 Order on Motion to Expedite . (Attachments: #1 Exhibit A-Depo Trans of Open Mortgage Corporate Rep, #2 Exhibit B-Exh 2 to Depo of Russell Allgier, #3 Exhibit C-Exh 1 to Depo of Russell Allgier, #4 Exhibit D-Depo Trans of Russell Allgier, #5 Exhibit E-Russell Allgier's Resps to First Interrogs, #6 Exhibit F-Exh 2 of Depo of Corp Rep of Home Star, #7 Exhibit G-Allgier 1371-1398, #8 Exhibit H-Depo Trans of Home Star, #9 Exhibit I-Asset Purchase Agreement, #10 Exhibit J-OPEN3-5 & OPEN 7-8, #11 Exhibit K-Exh 6 to Depo of Corporate Rep Home Star, #12 Exhibit L-Exh 17 to Depo of Russell Allgier, #13 Exhibit M-Lease Agreement, #14 Exhibit N-ALLGIER 140-141, #15 Exhibit O-Exh 3 to Depo of Russell Allgier, #16 Exhibit P-Exh 14 to Depo of Corporate Rep for Home Star, #17 Exhibit Q-HS-EXP 1617, #18 Exhibit R-Exh 4 to Depo of Russell Allgier, #19 Exhibit S-HS-EXP 1290-1292, #20 Exhibit T-Exh 22 to Depo of Corporate Rep of Home Star, #21 Exhibit U-Exh 16 to Depo of Corporate Rep of Open Mortgage, #22 Exhibit V-Exh 5 to Depo of Corporate Rep of Open Mortgage, #23 Exhibit W-Exh 13 to Depo of Russell Allgier, #24 Exhibit X-Exh 18 to Depo of Russell Allgier, #25 Exhibit Y-Exh 15 to Depo of Russell Allgier, #26 Exhibit Z-Exh 14 to Depo of Russell Allgier, #27 Exhibit AA-OPEN 20-21, #28 Exhibit BB-Exh 16 to Depo of Russell Allgier, #29 Exhibit CC-Exh 20 to Depo of Corporate Rep of Home Star, #30 Exhibit DD-HS-EXP 1391-1395) (Tobin, Michael)
August 6, 2021 Filing 53 BRIEF by Defendant Open Mortgage, LLC, Counter Claimant Open Mortgage, LLC re #18 MOTION for Preliminary Injunction , #49 Order on Motion to Expedite (Amended) (Tobin, Michael)
August 5, 2021 Opinion or Order Filing 52 ORDER granting #51 Motion for Protective Order. Signed by U.S. District Judge Jeffrey L. Viken on 8/5/21. (Attachments: #1 Protective Order) (SB)
July 9, 2021 Filing 51 Unopposed MOTION for Protective Order for Confidentiality by Open Mortgage, LLC. (Attachments: #1 Proposed Order Proposed Protective Order, #2 Exhibit A to Proposed Protective Order) (Tobin, Michael)
July 7, 2021 Opinion or Order Filing 50 ORDER denying as moot #41 Motion to Extend Deadlines ; denying as moot #43 Motion to Extend Deadlines. Responses due by 8/16/2021. Signed by U.S. District Judge Jeffrey L. Viken on 7/7/21. (SKK)
June 29, 2021 Opinion or Order Filing 49 ORDER granting #25 Motion to Expedite. Signed by U.S. District Judge Jeffrey L. Viken on 6/29/21. (SB)
June 28, 2021 Filing 48 CORPORATE Disclosure Statement by Homestar Financial Corporation. (Rahn, Timothy)
June 28, 2021 Filing 47 Jamee Allgier's ANSWER to #13 Counterclaim of Open Mortgage, LLC. (Rahn, Timothy) Modified text on 6/29/2021 (DJP).
June 28, 2021 Filing 46 David Fritz's ANSWER to #13 Counterclaim of Open Mortgage, LLC. (Rahn, Timothy) Modified text on 6/29/2021 (DJP).
June 28, 2021 Filing 45 Homestar Financial Corporation's ANSWER to #13 Counterclaim of Open Mortgage, LLC. (Rahn, Timothy) Modified on text 6/29/2021 (DJP).
June 28, 2021 Filing 44 MEMORANDUM in Support re #43 MOTION to Extend Deadlines to Respond to Defendant/Counter-Plaintiffs Motion for Preliminary Injunction filed by Jamee Allgier, David Fritz, Homestar Financial Corporation. (Rahn, Timothy)
June 28, 2021 Filing 43 MOTION to Extend Deadlines to Respond to Defendant/Counter-Plaintiffs Motion for Preliminary Injunction by Jamee Allgier, David Fritz, Homestar Financial Corporation. (Rahn, Timothy)
June 25, 2021 Filing 42 MEMORANDUM in Support re #41 MOTION to Extend Deadlines to Respond to Motion for Preliminary Injunction filed by Russell Allgier. (Cook, Katelyn)
June 25, 2021 Filing 41 MOTION to Extend Deadlines to Respond to Motion for Preliminary Injunction by Russell Allgier. (Cook, Katelyn)
June 25, 2021 Filing 40 Russell Allgier's ANSWER to #13 Counterclaim of Open Mortgage, LLC. (Cook, Katelyn) Modified text on 6/29/2021 (DJP).
June 25, 2021 Filing 39 RETURN OF SERVICE Executed upon Defendant Open Mortgage, LLC, Counter Claimant Open Mortgage, LLC on Registered Agent for Homestar Financial Corporation (Tobin, Michael)
June 25, 2021 Filing 38 RETURN OF SERVICE Executed upon Defendant Open Mortgage, LLC, Counter Claimant Open Mortgage, LLC on David C. Fritz (Tobin, Michael)
June 24, 2021 Opinion or Order Filing 37 ORDER granting #33 Motion for Admission Pro Hac Vice of Attorney Jack A. Simms for Open Mortgage, LLC. Signed by U.S. District Judge Jeffrey L. Viken on 6/24/21. (SB)
June 23, 2021 Opinion or Order Filing 36 ORDER granting #29 Motion for Admission Pro Hac Vice of Attorney Constantinos G. Panagopoulos for Jamee Allgier, for David Fritz, and for Homestar Financial Corporation. Signed by U.S. District Judge Jeffrey L. Viken on 6/23/21. (SB) Modified party Russell Allgier to Jamee Allgier on 6/24/2021 (DJP).
June 22, 2021 Filing 35 RESPONSE to Motion re #25 Emergency MOTION to Expedite for Expedited Discovery and Expedited Consideration (Joint) filed by Jamee Allgier, David Fritz, Homestar Financial Corporation. (Attachments: #1 Ex. A - 2021-06-17 0948 email, #2 Ex. B - Allgier's Interrogatories (First Set), #3 Ex. C - Allgier's RFP to Open Mortgage (First Set), #4 Ex. D - Allgier's RFA to Open Mortgage (First Set), #5 Ex. E - Homestar's First Set of Interrogatories, #6 Ex. F - Homestar's RFP, #7 Ex. G - 2021-06-18 1449 email from Katherine, #8 Ex. H - 2021-06-18 1154 email from Jason B., #9 Ex. I - 2021-06-17 1348 email from Katherine) (Rahn, Timothy)
June 22, 2021 Filing 34 REPLY to #25 Motion to Expedite Discovery and Expedited Consideration filed by Open Mortgage, LLC. (Tobin, Michael)
June 22, 2021 Filing 33 MOTION for Attorney Jack A. Simms to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3570376) by Open Mortgage, LLC. (Tobin, Michael)
June 22, 2021 NOTICE of Filing Error: #30 Response to Motion,, was filed in error and should be disregarded. (Rahn, Timothy)
June 21, 2021 Filing 32 RETURN OF SERVICE as to Open Mortgage, LLC, Open Mortgage, LLC served on David C. Fritz. (Tobin, Michael)
June 21, 2021 Filing 31 RETURN OF SERVICE as to Open Mortgage, LLC, Open Mortgage, LLC served on Homestar Financial Corporation. (Tobin, Michael)
June 18, 2021 Filing 30 (FILED IN ERROR) RESPONSE to Motion re #25 Emergency MOTION to Expedite for Expedited Discovery and Expedited Consideration (Joint) filed by Russell Allgier, Homestar Financial Corporation. (Attachments: #1 Exhibit A - Email dated June 18, 2021 from Jason Boulette, #2 Exhibit B - Email dated June 17, 2021 from Katherine Chiarello, #3 Exhibit C - Email dated June 18, 2021 from Katherine Chiarello, #4 Exhibit D - Homestar First Set of Interrogatories, #5 Exhibit E - Homestar Request for Production of Documents) (Rahn, Timothy) Modified on 6/23/2021 (DJP).
June 16, 2021 Filing 29 MOTION for Attorney Constantinos G. Panagopoulos to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3567905) by Jamee Allgier, David Fritz, Homestar Financial Corporation. (Rahn, Timothy)
June 16, 2021 Filing 28 NOTICE of Appearance by Timothy R. Rahn on behalf of Jamee Allgier, David Fritz, Homestar Financial Corporation. (Rahn, Timothy)
June 11, 2021 Opinion or Order Filing 27 SCHEDULING ORDER: Motion Hearing set for 8/23/2021 at 09:00 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 6/11/21. (SB)
June 11, 2021 Filing 26 MEMORANDUM in Support re #25 Emergency MOTION to Expedite for Expedited Discovery and Expedited Consideration filed by Open Mortgage, LLC. (Attachments: #1 Exhibit A-Defendant's Expedited Discovery Requests to Counter-Defendant Homestar Financial Corp.) (Tobin, Michael)
June 11, 2021 Filing 25 Emergency MOTION to Expedite for Expedited Discovery and Expedited Consideration by Open Mortgage, LLC. (Tobin, Michael)
June 8, 2021 Filing 24 RETURN OF SERVICE Executed upon Defendant Open Mortgage, LLC, Counter Claimant Open Mortgage, LLC on Jamee Allgier (Tobin, Michael)
June 8, 2021 Filing 23 RETURN OF SERVICE Executed upon Defendant Open Mortgage, LLC, Counter Claimant Open Mortgage, LLC on Homestar Financial Corporation (Tobin, Michael)
June 7, 2021 Filing 22 NOTICE of Appearance by Michael F. Tobin on behalf of Open Mortgage, LLC. (Tobin, Michael)
June 7, 2021 Filing 21 TEXT ORDER granting #14 Notice of Withdrawal; withdrawing #5 Motion to Dismiss. Signed by U.S. District Judge Jeffrey L. Viken on 6/7/21. (SB)
June 4, 2021 Filing 20 Summons Issued as to Jamee Allgier, David Fritz, Homestar Financial Corporation. 3 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 AO 85)(KLE)
June 4, 2021 Filing 19 MEMORANDUM in Support re #18 MOTION for Preliminary Injunction filed by Open Mortgage, LLC. (Sutton, Jason)
June 4, 2021 Filing 18 MOTION for Preliminary Injunction by Open Mortgage, LLC. (Sutton, Jason)
June 4, 2021 Filing 17 REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by Open Mortgage, LLC. (Sutton, Jason)
June 4, 2021 Filing 16 REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by Open Mortgage, LLC. (Sutton, Jason)
June 4, 2021 Filing 15 REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by Open Mortgage, LLC. (Sutton, Jason)
June 4, 2021 Filing 14 NOTICE by Open Mortgage, LLC of Withdrawal of Motion to Dismiss Stay and Compel Arbitration. (Sutton, Jason)
June 4, 2021 Filing 13 Defendant's ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Russell Allgier, Jamee Allgier, David Fritz, Homestar Financial Corporation by Open Mortgage, LLC. (Attachments: #1 Exhibit A-Non-Competition, Non-Solicitation Agreement, #2 Exhibit B-Non-Competition, Non-Solicitation Agreement-Russell Allgier, #3 Exhibit C-Rapid City, SD Lease Agreement, #4 Exhibit D-Lender List Search Results-Homestar Financial Corp, #5 Exhibit E-E-mails, #6 Exhibit F-Declaration of Chris Harding, #7 Exhibit G-Russell Allgier NMLS Record) (Sutton, Jason) Modified text on 6/4/2021 (DJP).
June 1, 2021 Opinion or Order Filing 12 ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Gilbert Nwaopara for Russell Allgier; granting #11 Motion for Admission Pro Hac Vice of Attorney Jason Boulette for Russell Allgier. Signed by U.S. District Judge Jeffrey L. Viken on 6/1/21. (SB)
May 26, 2021 Filing 11 MOTION for Attorney Jason Boulette to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3553312) by Russell Allgier. (Cook, Katelyn)
May 26, 2021 Filing 10 MOTION for Attorney Gilbert Nwaopara to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3553308) by Russell Allgier. (Cook, Katelyn)
May 20, 2021 Filing 9 RESPONSE to Motion re #5 MOTION to DISMISS Stay and Compel Arbitration filed by Russell Allgier. (Cook, Katelyn)
May 5, 2021 Opinion or Order Filing 8 ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Maria A. Calaf for Open Mortgage, LLC; granting #4 Motion for Admission Pro Hac Vice of Attorney Katherine P. Chiarello for Open Mortgage, LLC. Signed by U.S. District Judge Jeffrey L. Viken on 5/5/21. (SB)
April 29, 2021 Filing 7 AFFIDAVIT in Support re #5 MOTION to DISMISS Stay and Compel Arbitration [Declaration of Maria Amelia Calaf] filed by Open Mortgage, LLC. (Attachments: #1 Exhibit A-1 Asset Purchase Agreement, #2 Exhibit A-2 Affidavit of Service) (Sutton, Jason)
April 29, 2021 Filing 6 MEMORANDUM in Support re #5 MOTION to DISMISS Stay and Compel Arbitration filed by Open Mortgage, LLC. (Sutton, Jason)
April 29, 2021 Filing 5 Withdrawn: MOTION to DISMISS Stay and Compel Arbitration by Open Mortgage, LLC. (Sutton, Jason) Modified on 6/8/2021 (SLW).
April 28, 2021 Filing 4 MOTION for Attorney Katherine P. Chiarello to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3532662) by Open Mortgage, LLC. (Sutton, Jason)
April 28, 2021 Filing 3 MOTION for Attorney Maria Amelia Calaf to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3532656) by Open Mortgage, LLC. (Sutton, Jason)
April 16, 2021 Filing 2 Rule 73 Memo and AO85 Form. (Attachments: #1 AO85)(JLS)
April 16, 2021 Filing 1 NOTICE OF REMOVAL by Open Mortgage, LLC ($402.00 fee paid, receipt# SDX400054316) (Attachments: #1 Exhibit A - State Court docs, #2 Exhibit B - Notice)(JLS)

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Search for this case: Allgier v. Open Mortgage, LLC
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Plaintiff: Russell Allgier
Represented By: Jason M. Smiley
Represented By: Katelyn A. Cook
Represented By: Gilbert Nwaopara
Represented By: Jason S. Boulette
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Counter claimant: Open Mortgage, LLC
Represented By: Jason R. Sutton
Represented By: Maria A. Calaf
Represented By: Katherine P. Chiarello
Represented By: Michael F. Tobin
Represented By: Jack A. Simms
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Counter defendant: Homestar Financial Corporation
Represented By: Constantinos G. Panagopoulos
Represented By: Timothy R. Rahn
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Counter defendant: Jamee Allgier
Represented By: Constantinos G. Panagopoulos
Represented By: Timothy R. Rahn
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Counter defendant: David Fritz
Represented By: Constantinos G. Panagopoulos
Represented By: Timothy R. Rahn
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