First Command Financial Services, Inc. et al v. Exner et al
| First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc., First Command Bank and First Command Brokerage Services, Inc. |
| Claudia Exner, Exner & Associates, Inc. and Joachim W. Exner |
| 4:2021cv00621 |
| May 4, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Mark Pittman |
| Property Rights: Copyright |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 Report to Copyright Office of Final Order. Form AO 121 e-mailed to 508filings@loc.gov with copies of #32 ORDER and #33 FINAL JUDGMENT. (pef) |
Filing 33
FINAL JUDGMENT: This Final Judgment is issued pursuant to Federal Rule of Civil Procedure 58. In accordance with the Order dismissing the case (ECF No. #32 ): It is ORDERED, ADJUDGED, and DECREED that this civil action is DISMISSED with PREJUDICE. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Judge Mark Pittman on 6/16/2021) (pef)
|
|
Filing 32
ORDER: The Motion for Preliminary Injunction (ECF No. #17 ) should be and hereby is DENIED. Furthermore, given that all of Plaintiffs' claims are subject to arbitration, the Court finds that Plaintiffs' claims against Defendants should be and hereby are DISMISSED with prejudice. See Alford, 975 F.2d at 1164. (Ordered by Judge Mark Pittman on 6/16/2021) (pef)
|
| Filing 31 Brief/Memorandum in Support filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. re #17 MOTION for Injunction (Denney, Karen) |
| Filing 30 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 6/11/2021 re #17 Motion for Injunction filed by First Command Financial Planning, Inc, First Command Insurance Services, Inc., First Command Bank, First Command Financial Services, Inc. Attorney Appearances: Plaintiff - Karen Denney, Phillip Philbin; Defense - Rachel Dardashti, Gary Kessler, Ali Hinkley. (Court Reporter: Monica Guzman) (Plaintiff's Exhibits 1, 29, 61, 63, 64, 66, 67, 68, 70, 72 admitted) Time in Court - :18. (chmb) |
|
Filing 29
ORDER denying #26 Motion for Continuance of Hearing or, alternatively, Defendants' Request for Witness to Attend Hearing by Remote Means. The hearing shall proceed as scheduled two weeks ago. (Ordered by Judge Mark Pittman on 6/10/2021) (tln)
|
| Filing 28 RESPONSE filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. re: #26 MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction, and, in the alternative, Request for Witness to Attend by Remote Means (Denney, Karen) |
|
Filing 27
ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Rachel D. Dardashti. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 6/10/2021) (chmb) (cpb)
|
| Filing 26 MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction, and, in the alternative, Request for Witness to Attend by Remote Means filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. (Attachments: #1 Declaration(s) of Brandon S. Reif, #2 Proposed Order Granting Motion for Continuance, #3 Proposed Order Granting Request for Witness to Appear by Remote Means) (Dardashti, Rachel) |
| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11962892) filed by Claudia Exner (Dardashti, Rachel) |
| Filing 24 REPLY filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. re: #17 MOTION for Injunction (Denney, Karen) |
| Filing 23 Appendix in Support filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. re #20 Brief/Memorandum in Support of Motion, AMENDED (Dardashti, Rachel) |
| Filing 22 Appendix in Support filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. re #20 Brief/Memorandum in Support of Motion, (Dardashti, Rachel) |
| Filing 21 RESPONSE filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. re: #17 MOTION for Injunction (Dardashti, Rachel) |
| Filing 20 Brief/Memorandum in Support filed by Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. re #17 MOTION for Injunction (Attachments: #1 Proposed Order Proposed Order ISO Defendants Response to Motion for Preliminary Injunction) (Dardashti, Rachel) |
|
Filing 19
ORDER: Defendants shall file their Response to Plaintiffs' Motion for Preliminary Injunction on or before May 28, 2021. Plaintiffs shall file their Reply on or before June 4, 2021. Finally, the Court sets a Preliminary Injunction Hearing for 10:00 a.m. on June 11, 2021. (Ordered by Judge Mark Pittman on 5/25/2021) (mmw)
|
| Filing 18 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) |
| Filing 17 MOTION for Injunction filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. with Brief/Memorandum in Support. (Denney, Karen) |
|
Filing 16
ORDER: Plaintiffs' #12 Amended Motion should be and hereby is DENIED. The parties shall submit a joint report to the Court on or before May 14, 2021. (see order) (Ordered by Judge Mark Pittman on 5/12/2021) (mmw)
|
| Filing 15 SUMMONS Returned Executed as to Claudia Exner ; served on 5/8/2021. (Denney, Karen) |
| Filing 14 SUMMONS Returned Executed as to Joachim W. Exner ; served on 5/8/2021., CERTIFICATE OF SERVICE by First Command Bank; First Command Financial Planning, Inc; First Command Financial Services, Inc.; First Command Insurance Services, Inc. (Denney, Karen) |
| Filing 13 Appendix in Support filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. re #12 Amended MOTION for Temporary Restraining Order (Denney, Karen) |
| Filing 12 Amended Emergency MOTION for Temporary Restraining Order and to Stay Arbitration filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. with Brief/Memorandum in Support. (Denney, Karen) Docket text modified on 5/12/2021 (twd). |
| Filing 11 New Case Notes: A filing fee has been paid. File to: Judge Pittman. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) |
|
Filing 10
ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order and to Stay Arbitration (Motion) (ECF No. #7 ), filed May 8, 2021. Having reviewed the filings and applicable law, the Court finds that Plaintiffs' Motion for Temporary Restraining Order should be and hereby is DENIED. (Ordered by Judge Mark Pittman on 5/10/2021) (mmw)
|
|
Filing 9
ORDER: The Court finds it is in the interests of justice and judicial economy to transfer this case. Accordingly, the Court TRANSFERS this action to Judge Mark Pittman of the Fort Worth Division of the Northern District of Texas. Case reassigned to Judge Mark Pittman for all further proceedings. Judge Reed C. O'Connor no longer assigned to case. (Ordered by Judge Reed C. O'Connor on 5/10/2021) (mmw)
|
| Filing 8 Appendix in Support filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. re #7 Emergency MOTION for Temporary Restraining Order (Denney, Karen) |
| Filing 7 Emergency MOTION for Temporary Restraining Order filed by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. with Brief/Memorandum in Support. (Denney, Karen) |
| Filing 6 AMENDED COMPLAINT against Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. filed by First Command Financial Services, Inc., First Command Bank, First Command Insurance Services, Inc., First Command Financial Planning, 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. (Denney, Karen) |
| Filing 5 Report to Copyright Office of Initiating Document. Form AO 121 e-mailed to 508filings@loc.gov. (Attachments: #1 Copyright information) (mmw) |
| Filing 4 Summons Issued as to Claudia Exner, Joachim W. Exner, Exner & Associates, Inc.. (mmw) |
| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc. identifying Corporate Parent/Other Affiliate First Command Financial Services, Inc. for First Command Bank, First Command Financial Planning, Inc, First Command Financial Services, Inc., First Command Insurance Services, Inc.. (Denney, Karen) |
| Filing 1 COMPLAINT against Claudia Exner, Joachim W. Exner, Exner & Associates, Inc. filed by First Command Financial Services, Inc., First Command Bank, First Command Insurance Services, Inc., First Command Financial Plannng, Inc.. (Receipt No. 0539-11863696; $402) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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. (Denney, Karen) Modified on 5/4/2021 (mmw). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
