Edward D. Jones & Co., L.P. v. Rhettkyn LLC
| Edward D. Jones & Co., L.P. and Edward D Jones & Co LP |
| Russell Ryon Riggan and Rhettkyn LLC |
| 5:2021cv00119 |
| May 21, 2021 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Contract: Other Contract |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ORDER denying #43 Motion for Release of Bond Obligation. So while the Courtcannot grant the plaintiff's motion, the Court can say that, because this litigation has been fully resolved - see Dkt. Nos. #27 , #39 , #42 - the bond is released, and the principals and surety have no further liability under the bond. (Ordered by Judge James Wesley Hendrix on 10/1/2021) (krr)
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| Filing 43 Unopposed MOTION for Release of Bond Obligation filed by Edward D Jones & Co LP (Attachments: #1 Exhibit(s), #2 Proposed Order) (Roch, Carolyn) |
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Filing 42
ORDER DISMISSING WITH PREJUDICE: The Joint Stipulation is approved. It is ordered that Plaintiff's claims against Defendant are dismissed with prejudice, and the Clerk of Court is directed to close this case. The parties shall each bear their own costs and attorney's fees. (Ordered by Judge James Wesley Hendrix on 9/16/2021) (bdg)
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| Filing 41 STIPULATION OF DISMISSAL AND ORDER OF DISMISSAL by Edward D Jones & Co LP. (Roch, Carolyn) |
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Filing 40
ADMINISTRATIVE CLOSURE ORDER: The parties have advised the Court that they have settled this case. See Dkt. No. #39 . In light of the parties' settlement, the Court denies Edward D. Jones & Co., L.P.'s Second Motion for Temporary Restraining Order (Dkt. No. #19 ), Edward Jones's Motion for Preliminary Injunction (Dkt. No. #31 ), and Rhettkyn, LLC's Motion to Dismiss (Dkt. No. #32 ) as moot. (Ordered by Judge James Wesley Hendrix on 8/9/2021) (krr)
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| Filing 39 NOTICE of Settlement filed by Edward D Jones & Co LP (Roch, Carolyn) |
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Filing 38
ORDER granting #37 Motion to Extend Time: It is ordered that Edward Jones must file its response to Rhettkyn, LLC's Motion to Dismiss (Dkt. No. #32 ) by 12:00 p.m. on Friday, August 6, 2021. No further extensions will be granted. (Ordered by Judge James Wesley Hendrix on 7/30/2021) (krr)
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| Filing 37 Agreed MOTION to Extend Time To Respond to Defendant's Motion to Dismiss filed by Edward D Jones & Co LP (Attachments: #1 Proposed Order) (Roch, Carolyn) |
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Filing 36
ORDER: Before the Court is the Edward D. Jones & Co., L.P.'s Agreed Motion to Extend Plaintiff's Deadline to Respond to Defendant's Motion to Dismiss. Dkt. No. #35 . The Court grants the motion. It is ordered that Edward Jones must file its response to Rhettkyn, LLC's Motion to Dismiss (Dkt. No. #32 ) by 5:00 p.m. on Friday, July 30, 2021. (Ordered by Judge James Wesley Hendrix on 7/16/2021) (krr)
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| Filing 35 MOTION for Extension of Time to File Response/Reply to #32 MOTION to Dismiss for Lack of Jurisdiction or Alternatively, Motion for Court to Decline Supplemental Jurisdiction filed by Edward D Jones & Co LP (Attachments: #1 Proposed Order) (Roch, Carolyn) |
| Filing 34 REPLY filed by Edward D Jones & Co LP re: #31 MOTION for Injunction (Attachments: #1 Exhibit(s)) (Roch, Carolyn) |
| Filing 33 OBJECTION filed by Rhettkyn LLC re: #31 MOTION for Injunction (Attachments: #1 Exhibit(s)) (Fruin, Peter) |
| Filing 32 MOTION to Dismiss for Lack of Jurisdiction or Alternatively, Motion for Court to Decline Supplemental Jurisdiction filed by Rhettkyn LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Order Granting Defendants' Motion to Dismiss)Attorney Peter Sean Fruin added to party Rhettkyn LLC(pty:dft) (Fruin, Peter) |
| Filing 31 MOTION for Injunction filed by Edward D Jones & Co LP with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Roch, Carolyn) |
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Filing 30
ORDER: The Court orders Edward Jones to file an independent motion establishing its basis for its requested injunctive relief by June 22, 2021. Rhettkyn, LLC is ordered to file a response to the forthcoming motion no later than July 6, 2021. Finally, the Court orders that Edward Jones's reply is due within seven days of Rhettkyn, LLC's response. (Ordered by Judge James Wesley Hendrix on 6/15/2021) (krr)
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| Filing 29 AMENDED COMPLAINT against Rhettkyn LLC filed by Edward D Jones & Co LP. (One or more defendant(s) is no longer named.) 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. (Attachments: #1 Exhibit(s)) (Roch, Carolyn) |
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Filing 28
ORDER: The preliminary-injunction hearing scheduled for Monday, June 7, 2021 is cancelled. The parties indicate that their agreement does not impact Edward Jones's claims against Rhettkyn, LLC or Plaintiff's Application for Second Temporary Restraining Order and Preliminary Injunction. Dkt. No. #19 . The Court notes that upon the resolution of Edward Jones's claims against Riggan, the only remaining claims before the Court are state law claims against Rhettkyn-which are well below the statutory threshold of $75,000. Therefore, Edward Jones is ordered to show that the Court has subject-matter jurisdiction over these claims no later than June 11, 2021. (Ordered by Judge James Wesley Hendrix on 6/3/2021) (krr)
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| Filing 27 STATUS REPORT filed by Edward D Jones & Co LP. (Roch, Carolyn) |
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Filing 26
ORDER: The Court orders the parties to file a status report with the Court no later than Friday, June 4,2021, at 2:00 p.m. regarding the status of the FINRA arbitration, including when it is set to occur and whether the parties believe a preliminary-injunction hearing is still necessary. (Ordered by Judge James Wesley Hendrix on 6/3/2021) (krr)
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| Filing 25 OBJECTION filed by Rhettkyn LLC, Russell Ryon Riggan re: #19 Second MOTION for Temporary Restraining Order (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Fruin, Peter) |
| Filing 24 Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 05/24/2021 before Judge James Wesley Hendrix. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (54 pages) Redaction Request due 6/22/2021. Redacted Transcript Deadline set for 7/2/2021. Release of Transcript Restriction set for 8/30/2021. (kmd) |
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Filing 23
ELECTRONIC ORDER: Responses due by 6/1/2021. re: #19 Second MOTION for Temporary Restraining Order Before the Court is Plaintiff's Application for Second Temporary Restraining Order and Preliminary Injunction. Dkt. No. 19. The Court orders defendants to respond to plaintiff's motion by Tuesday, June 1, 2021. (Ordered by Judge James Wesley Hendrix on 5/28/2021) (chmb)
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Filing 22
ORDER DENYING #15 EMERGENCY MOTION TO VACATE TEMPORARY RESTRAINING ORDER. (Ordered by Judge James Wesley Hendrix on 5/28/2021) (krr)
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Filing 21
ORDER DENYING #12 MOTION TO STRIKE AS MOOT. (Ordered by Judge James Wesley Hendrix on 5/28/2021) (krr)
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| Filing 20 Summons Issued as to Rhettkyn, LLC. (krr) |
| Filing 19 Second MOTION for Temporary Restraining Order filed by Edward D. Jones & Co., L.P. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Roch, Carolyn) |
| Filing 18 AMENDED COMPLAINT against Russell Ryon Riggan, Rhettkyn, LLC filed by Edward D. Jones & Co., L.P.. Clerk to issue summons(es). 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. (Attachments: #1 Exhibit(s)) (Roch, Carolyn) |
| Filing 17 OBJECTION filed by Edward D. Jones & Co., L.P. re: #15 Emergency MOTION to Vacate Temporary Restraining Order (Attachments: #1 Exhibit(s)) (Roch, Carolyn) |
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Filing 16
ORDER SETTING RESPONSE DEADLINE: Response due by 5:00 p.m. on 5/27/2021. re: #15 Emergency MOTION to Vacate Temporary Restraining Order (Ordered by Judge James Wesley Hendrix on 5/26/2021) (chmb)
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| Filing 15 Emergency MOTION to Vacate Temporary Restraining Order filed by Russell Ryon Riggan (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)Attorney Peter Sean Fruin added to party Russell Ryon Riggan(pty:dft) (Fruin, Peter) |
| Filing 14 FINANCIAL AFFIDAVIT by Edward D. Jones & Co., L.P.. (Bustos, Fernando) |
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Filing 13
ORDER GRANTING IN PART EDWARD JONES'S APPLICATION FOR TEMPORARY RESTRAINING ORDER: The Court orders the Defendant to file a response to the motion by 06/03/2021. the Court further orders that the plaintiff's reply is due by 6/4/2021. A hearing on the Plaintiff's Motion for preliminary injunction is set for set for 6/7/2021 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. This order is effective immediately. (Ordered by Judge James Wesley Hendrix on 5/24/2021) (krr)
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| Filing 12 MOTION to Strike #11 Response/Objection filed by Edward D. Jones & Co., L.P. (Bustos, Fernando) |
| Filing 11 OBJECTION filed by Russell Ryon Riggan re: #6 MOTION for Temporary Restraining Order (Fruin, Peter) |
| Filing 10 AFFIDAVIT re #9 Response/Objection by Russell Ryon Riggan. (Fruin, Peter) |
| Filing 9 OBJECTION filed by Russell Ryon Riggan re: #6 MOTION for Temporary Restraining Order (Fruin, Peter) |
| Filing 8 ADDITIONAL ATTACHMENTS to #6 Motion for TRO, #1 Complaint,,,, by Plaintiff Edward D. Jones & Co., L.P.. (Bustos, Fernando) |
| Filing 7 ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 5/24/2021 re #6 Motion for TRO filed by Edward D. Jones & Co., L.P.. re: #6 MOTION for Temporary Restraining Order . Court heard argument from both parties. Supplemental filings due by 12:20 p.m. today, 5/24/21. Ruling by the Court to be entered by 5:00 p.m. this date. Attorney Appearances: Plaintiff - Fernando Bustos/Carolyn Roch; Defense - Joshua Baker. (Court Reporter: Mechelle Daniel) (Exhibits admitted (Plf's 1-3 and Deft's 1 - Originals in custody of the party) Time in Court - 1:08. (chmb) |
| Filing 6 MOTION for Temporary Restraining Order filed by Edward D. Jones & Co., L.P. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Roch, Carolyn) |
| Filing 5 NOTICE of Attorney Appearance by Carolyn Diane Roch on behalf of Edward D. Jones & Co., L.P.. (Filer confirms contact info in ECF is current.) (Roch, Carolyn) |
| Filing 4 CERTIFICATE OF SERVICE by Edward D. Jones & Co., L.P. re #1 Complaint,,,, (Roch, Carolyn) |
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Filing 3
ORDER SETTING HEARING: Motion Hearing set for 5/24/2021 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. re: #1 Complaint and Application for Temporary Restraining Order (Ordered by Judge James Wesley Hendrix on 5/21/2021) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edward D. Jones & Co., L.P.. (Bustos, Fernando) |
| Filing 1 COMPLAINT against Russell Ryon Riggan filed by Edward D. Jones & Co., L.P.. (Filing fee $402; Receipt number 0539-11917424) Summons(es) not requested at this time. 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. (Attachments: #1 Cover Sheet) (Bustos, Fernando) |
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