Exner et al v. First Command Financial Services, Inc. et al
| Exner & Associates, Inc., Joachim W. Exner, Claudia Exner and Exner, Inc. |
| Does 1-10, First Command Insurance Services, Inc., First Command Advisory Services, Inc., First Command Financial Services Inc, First Command Financial Planning Inc and First Command Bank |
| 4:2019cv00508 |
| June 27, 2019 |
| US District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| John McBryde |
| Mark Pittman |
| Property Rights: Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 Joint STATUS REPORT filed by First Command Bank, First Command Financial Planning Inc, First Command Financial Services Inc, First Command Insurance Services, Inc.. (Denney, Karen) |
| Clerk's notice to ECF Users in cases transferred under SO 3-329 from Judge John McBryde to Judge Mark Pittman: Judge Pittman permits electronic filing. His copy requirements for electronically filed documents are as follows: Sealed documents, dispositive motions, responses, replies, and appendices thereto and filings more than 25 pages in length, placed in a 3-ring binder, with exhibits or attachments tabbed, indexed, and bound. Delivery instructions are available in the link to the Judges' Copy Requirements found at the top of the notice of electronic filing sent to affected ECF users. (lrl) |
Filing 48
Special Order 3-329: On 8/8/19 the clerk is to reassign Fort Worth cases that are listed in the order and assigned to Senior District Judge McBryde and District Judge O'Connor to Judge Mark Pittman, and the cases will carry the suffix letter "P." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/8/2019) (cea)
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| Filing 47 Subpoena returned executed filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. (wxc) |
| Filing 46 Subpoena returned executed filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. (wxc) |
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Filing 45
STATUS REPORT ORDER: Joint Status Report due by 8/19/2019. (Ordered by Senior Judge John McBryde on 7/19/2019) (bdb)
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| Filing 44 ANSWER to #6 Amended Complaint filed by First Command Bank, First Command Financial Planning Inc, First Command Financial Services Inc, First Command Insurance Services, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. If additional patent or trademark numbers are included, the clerk will prepare the appropriate Report to the Patent/Trademark or Copyright Office. (wxc) |
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Filing 43
Memorandum Opinion and Order... The court ORDERS that defendants' motion to partially dismiss be, and is hereby, granted in part, and the claims of EAI in Count I for copyright infringement and in Count IV for breach of implied covenant of good faith and fair dealing, and the claims of all plaintiffs in Count VII for declaratory relief be, and are hereby, dismissed. The court further ORDERS that defendants' motion to take judicial notice be, and is hereby, denied as moot. (Motion #13 Termed) (Ordered by Senior Judge John McBryde on 7/3/2019) (wxc) Modified on 7/5/2019 (wxc).
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| Filing 42 Appendix in Support filed by First Command Bank, First Command Financial Planning Inc, First Command Financial Services Inc, First Command Insurance Services, Inc. re #41 NOTICE OF ISSUANCE OF SUBPOENAS. (tln) |
| Filing 41 NOTICE OF ISSUANCE OF SUBPOENAS filed by First Command Bank, First Command Financial Planning Inc, First Command Financial Services Inc, First Command Insurance Services, Inc. (tln) |
| Filing 40 Report to Copyright Office of Initiating Document. Form AO 121 e-mailed to 508filings@loc.gov. (wxc) (Main Document 40 replaced on 7/10/2019) (wxc). |
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Filing 39
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 6/27/2019) (wxc)
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| Filing 38 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc) |
| Filing 37 Case electronically transferred in from District of Virginia Eastern; Case Number 1:19-cv-00353. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 36
ORDERED that this matter be, and the same hereby is, TRANSFERRED to the United States District Court for the Northern District of Texas, Fort Worth Division; and it is further ORDERED that Defendants' Motion to Transfer Venue and, in the Alternative, for Stay and to Compel Arbitration and to Partially Dismiss as to Plaintiffs Joachim (John) W. Exner and Claudia Exner #11 be, and the same hereby is, DENIED as moot. Signed by District Judge Anthony J Trenga on 06/27/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.]
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| Case transferred to United States District Court Northern District of Texas, Fort Worth Division. Original file, certified copy of transfer order, and docket sheet sent. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 35 Response to #34 Motion Hearing,,,,,, Response Regarding Transfer to the N.D. Tex. filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 34 Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 6/14/2019 re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief filed by First Command Insurance Services, Inc., First Command Financial Planning, Inc., First Command Bank, First Command Financial Services, Inc., #8 MOTION to Dismiss for Failure to State a Claim and Supporting Brief filed by First Command Advisory Services, Inc., #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief filed by First Command Insurance Services, Inc., First Command Financial Planning, Inc., First Command Bank, First Command Financial Services, Inc., #13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief filed by First Command Insurance Services, Inc., First Command Financial Planning, Inc., First Command Bank, First Command Financial Services, Inc. Counsel appeared for Plaintiff and Defendant. Motions argued and taken under advisement. Counsel is given leave to file a supplemental briefing as to their position on the case being transferred to the Northern District of Texas in its entirety, by next Friday, June 21,2019. Any response to that motion will be due 3 days following its submission. Order to follow. (Court Reporter R. Montgomery)(dzir) [Transferred from Virginia Eastern on 6/27/2019.] |
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Filing 33
ORDER - It is hereby ORDERED, ADJUDGED, AND DECREED that the above-entitled and numbered action against Defendant First Command Advisory Services, Inc. is hereby DISMISSED. Signed by District Judge Anthony J Trenga on 06/13/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.]
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Filing 32
ORDER granting #30 Motion for Protective Order. Signed by Magistrate Judge Theresa Carroll Buchanan on 06/11/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.]
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| Filing 31 STIPULATION of Dismissal of Defendant FIRST COMMAND ADVISORY SERVICES, INC. by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 30 Joint MOTION for Protective Order by First Command Advisory Services, Inc., First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 29 RESPONSE in Support re #13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief filed by First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 28 RESPONSE in Support re #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief filed by First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 27 RESPONSE in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief filed by First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
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Filing 26
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made by the parties in the Joint Discovery Plan (Dkt. 25), and taking note of the Scheduling Order (Dkt. 15) entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, September 13, 2019. 2. The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 3. The pretrial conference scheduled for Wednesday, June 5, 2019, at 11:00 a.m. is cancelled. 4. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by June 12, 2019. 5. No "general objection" may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. Signed by Magistrate Judge Theresa Carroll Buchanan on 6/3/19. (tfitz, ) [Transferred from Virginia Eastern on 6/27/2019.]
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| Filing 25 Joint Discovery Plan by First Command Advisory Services, Inc., First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc..(Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 24 Memorandum in Opposition re #13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 23 Memorandum in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Attachments: #1 Exhibit A)(Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 22 Memorandum in Opposition re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 21 RESPONSE to Motion re #8 MOTION to Dismiss for Failure to State a Claim and Supporting Brief filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
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Filing 20
ORDER granting #19 Motion for Pro hac vice as to Brandon S. Reif. Signed by District Judge Anthony J Trenga on 5/24/2019. (aott, ) [Transferred from Virginia Eastern on 6/27/2019.]
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| Set Deadlines as to #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief, #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #8 MOTION to Dismiss for Failure to State a Claim and Supporting Brief, #13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief |
| Filing 19 Motion to appear Pro Hac Vice by Brandon S. Reif and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-6654282. by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 18 Request for Hearing by First Command Advisory Services, Inc., First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc. re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #8 MOTION to Dismiss for Failure to State a Claim and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief, #13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
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Filing 17
ORDER granting #9 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 05/16/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.]
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Filing 16
ORDER granting #10 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 05/16/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.]
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Filing 15
SCHEDULING ORDER:Initial Pretrial Conference set for 6/5/2019 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan.Discovery due by 9/13/2019. Final Pretrial Conference set for 9/19/2019 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Signed by District Judge Anthony J Trenga on 05/15/2019. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(tran) [Transferred from Virginia Eastern on 6/27/2019.]
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| Notice of Correction re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #8 MOTION to Dismiss for Failure to State a Claim and Supporting Brief, #13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief. |
| Filing 14 Corporate Disclosure Statement by First Command Financial Planning, Inc., First Command Advisory Services, Inc., First Command Bank, First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 13 MOTION to Take Judicial Notice and Brief in Support re #11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief, #12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief by First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Supporting Brief by First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 11 MOTION to Transfer Case , to Compel Arbitration and Motion to Partially Dismiss and Supporting Brief by First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 10 Motion to appear Pro Hac Vice by Karen Coomer Denney and Certification of Local Counsel Barry Buchman Filing fee $ 75, receipt number 0422-6639818. by First Command Advisory Services, Inc., First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 9 Motion to appear Pro Hac Vice by Phillip Brett Philbin and Certification of Local Counsel Barry Buchman Filing fee $ 75, receipt number 0422-6639749. by First Command Advisory Services, Inc., First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 8 MOTION to Dismiss for Failure to State a Claim and Supporting Brief by First Command Advisory Services, Inc.. (Buchman, Barry) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 7 SUMMONS Returned Executed by Exner, Inc., Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. All Defendants (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Exner, Inc., Claudia Exner, Joachim W. Exner, Exner & Associates, Inc.. (Attachments: #1 Exhibit A)(Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 5 Summons Issued as to First Command Advisory Services, Inc., First Command Bank, First Command Financial Planning, Inc., First Command Financial Services, Inc., First Command Insurance Services, Inc. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 4 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright filed. Copy sent to Copyright Office Library of Congress. by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc. re #1 Complaint COPYRIGHT REPORT (Reilly, Craig) (c/s to copyright office on 4/1/2019) (dvanm, ). [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 3 Proposed Summons re #1 Complaint by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Theresa Carroll Buchanan. (dvanm, ) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 2 Corporate Disclosure Statement by Exner & Associates, Inc., Exner, Inc.. (Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6562470.), filed by Exner, Inc., Claudia Exner, Joachim Exner, Exner & Associates, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Reilly, Craig) [Transferred from Virginia Eastern on 6/27/2019.] |
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