Morris v. Knox Capital Group et al
Plaintiff: Shad Morris
Defendant: Knox Capital Group, Geneos Wealth Managment, Geneos Wealth Advisors, Ryan Day, Brodie Barnes and Financial Industry Regulatory Authority
Case Number: 2:2010cv01209
Filed: December 6, 2010
Court: US District Court for the District of Utah
Office: Central Office
County: Washington
Presiding Judge: Dee Benson
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order Filing 40 ORDER granting #38 MOTION to Reopen Case to Include Additional Party and foran Order of Expungement. IT IS THEREFORE ORDERED that this case shall be reopened for the limited purpose of naming Financial Industry Regulatory Authority in order to seek an order of expungement. IT IS FURTHER ORDERED that FINRA shall expunge all references to Occurrence No. 1540195 from Mr. Barnes CRD record. Signed by Judge Dee Benson on 2/26/2020. (jds)
February 24, 2020 Filing 39 STIPULATION re #38 MOTION to Reopen Case and Memorandum in Support to Include Additoinal Party, and for Expungement by Financial Industry Regulatory Authority. (Attachments: #1 Text of Proposed Order)(Sansom, Stephen)
December 20, 2019 Filing 38 MOTION to Reopen Case and Memorandum in Support to Include Additoinal Party, and for Expungement filed by Defendant Brodie Barnes. Attorney Thomas E. Stamos added to party Brodie Barnes(pty:dft)(Stamos, Thomas)
October 25, 2013 Opinion or Order Filing 37 ORDER granting #36 Motion to Dismiss. Case Closed. Signed by Judge Dee Benson on 10/24/13. (jlw)
October 23, 2013 Filing 36 STIPULATION of Dismissal with Prejudice by Shad Morris. (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Ascione, Patrick) Modified on 10/28/2013 by changing from stipulation to stipulated motion(jlw).
October 2, 2013 Opinion or Order Filing 35 ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within 15 days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Judge Dee Benson on 10/2/13. (jlw)
August 17, 2011 Filing 34 EXHIBITS filed by Shad Morris re #33 Amended Complaint. (Ascione, Patrick)
August 17, 2011 Filing 33 AMENDED COMPLAINT against All Defendants., filed by Shad Morris. (Ascione, Patrick)
August 17, 2011 Filing 32 Plaintiff's MEMORANDUM in Support re #31 Plaintiff's MOTION to Amend/Correct 1st Amended Complaint filed by Plaintiff Shad Morris. (Ascione, Patrick)
August 17, 2011 Filing 31 Plaintiff's MOTION to Amend/Correct 1st Amended Complaint filed by Plaintiff Shad Morris. (Ascione, Patrick)
July 6, 2011 Filing 30 REPLY to Response to Motion re #16 MOTION to Dismiss filed by Defendant Ryan Day. (Slaughter, David)
July 6, 2011 Opinion or Order Filing 29 ORDER granting #28 Motion for Extension of Time to File Response/Reply re #16 MOTION to Dismiss. Responses due by 7/6/2011. Signed by Judge Dee Benson on 7/5/2011. (rlr)
June 30, 2011 Filing 28 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss filed by Defendant Ryan Day. (Attachments: #1 Text of Proposed Order)(Slaughter, David)
June 29, 2011 Filing 27 REPLY to Response to Motion re #13 MOTION to Dismiss of Defendants Geneos Wealth Management, Inc., Geneos Wealth Advisors, LLC Knox Capital Group, Inc. and Brodie Barnes filed by Defendants Brodie Barnes, Geneos Wealth Advisors, Geneos Wealth Managment, Knox Capital Group. (Attachments: #1 Exhibit D (Part 1) January 24, 2007 Private Placement Memorandum, #2 Exhibit D (Part 2) January 24, 2007 Private Placement Memorandum, #3 Exhibit D (Part 3) January 24, 2007 Private Placement Memorandum)(Scofield, David)
June 21, 2011 Filing 26 Supplemental MEMORANDUM in Opposition re #13 MOTION to Dismiss of Defendants Geneos Wealth Management, Inc., Geneos Wealth Advisors, LLC Knox Capital Group, Inc. and Brodie Barnes filed by Plaintiff Shad Morris. (Attachments: #1 Exhibit Exhibit 1)(Ascione, Patrick)
June 15, 2011 Filing 25 MEMORANDUM in Opposition re #16 MOTION to Dismiss filed by Plaintiff Shad Morris. (Ascione, Patrick)
June 15, 2011 Filing 24 MEMORANDUM in Opposition re #13 MOTION to Dismiss of Defendants Geneos Wealth Management, Inc., Geneos Wealth Advisors, LLC Knox Capital Group, Inc. and Brodie Barnes filed by Plaintiff Shad Morris. (Attachments: #1 Exhibit 1)(Ascione, Patrick)
June 13, 2011 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time. Plaintiff may have an extension of time through and including 6/17/2011 to file a response to the Motion to Dismiss. Signed by Judge Dee Benson on 6/10/2011. (rlr)
June 9, 2011 Filing 22 Stipulated MOTION for Extension of Time Memo in opposition to Motion to Dismiss filed by Plaintiff Shad Morris. (Attachments: #1 Text of Proposed Order Proposed Order)(Ascione, Patrick)
May 20, 2011 Opinion or Order Filing 21 ORDER granting #18 Motion for Admission Pro Hac Vice of Rusty D. Miller for Ryan Day. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 5/20/2011. (rlr)
May 20, 2011 Opinion or Order Filing 20 ORDER granting #19 Motion for Admission Pro Hac Vice of Reza D. Rismani for Ryan Day. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 5/20/2011. (rlr)
May 19, 2011 Filing 19 MOTION for Admission Pro Hac Vice of Reza D. Rismani, Registration fee $ 15, receipt number 1088-1354866, filed by Defendant Ryan Day. (Attachments: #1 Exhibit A - Application of Rismani, #2 Exhibit B - ECF Registration of Rismani, #3 Text of Proposed Order)(Slaughter, David)
May 19, 2011 Filing 18 MOTION for Admission Pro Hac Vice of Rusty D. Miller, Registration fee $ 15, receipt number 1088-1354860, filed by Defendant Ryan Day. (Attachments: #1 Exhibit A - Application of Miller, #2 Exhibit B - ECF Registration of Miller, #3 Text of Proposed Order)(Slaughter, David)
May 18, 2011 Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss filed by Defendant Ryan Day. (Slaughter, David)
May 18, 2011 Filing 16 MOTION to Dismiss filed by Defendant Ryan Day. (Slaughter, David)
May 18, 2011 Filing 15 NOTICE of Appearance by David W. Slaughter on behalf of Ryan Day (Slaughter, David)
May 12, 2011 Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss of Defendants Geneos Wealth Management, Inc., Geneos Wealth Advisors, LLC Knox Capital Group, Inc. and Brodie Barnes filed by Defendants Brodie Barnes, Geneos Wealth Advisors, Geneos Wealth Managment, Knox Capital Group. (Attachments: #1 Exhibit Private Placement Memorandum, #2 Exhibit Contract, #3 Exhibit Subscription Agreement, #4 Appendix)(Scofield, David)
May 12, 2011 Filing 13 MOTION to Dismiss of Defendants Geneos Wealth Management, Inc., Geneos Wealth Advisors, LLC Knox Capital Group, Inc. and Brodie Barnes filed by Defendants Geneos Wealth Advisors, Geneos Wealth Managment. (Attachments: #1 Text of Proposed Order)(Scofield, David)
April 21, 2011 Filing 12 CERTIFICATE OF SERVICE by Shad Morris re #11 Amended Complaint (Ascione, Patrick)
April 21, 2011 Filing 11 AMENDED COMPLAINT against All Defendants., filed by Shad Morris. (Ascione, Patrick)
April 4, 2011 Opinion or Order Filing 10 ORDER granting #9 Motion to Amend/Correct. Plaintiff shall file an Amended Complaint on 4/21/2011 and all Defendants shall answer or otherwise respond on 5/12/2011. Signed by Judge Dee Benson on 4/4/2011. (rlr)
April 4, 2011 Filing 9 Stipulated MOTION to Amend/Correct Complaint And For Extension of Time for All Defendants to Respond filed by Defendants Brodie Barnes, Geneos Wealth Advisors, Geneos Wealth Managment, Knox Capital Group. (Attachments: #1 Exhibit A; Proposed Order Granting Stipulated Motion For Leave to File Amended Complaint and For Extension of Time as to All Defendants)(Scofield, David)
March 29, 2011 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer re #2 Complaint,. Answer deadline updated for Brodie Barnes answer due 4/4/2011; Ryan Day answer due 4/4/2011; Geneos Wealth Advisors answer due 4/4/2011; Geneos Wealth Managment answer due 4/4/2011; Knox Capital Group answer due 4/4/2011. Signed by Judge Dee Benson on 3/28/2011. (rlr)
March 28, 2011 Filing 7 Stipulated MOTION for Extension of Time to File Answer filed by Defendants Brodie Barnes, Geneos Wealth Advisors, Geneos Wealth Managment, Knox Capital Group. (Attachments: #1 Exhibit A; [Proposed] Order Granting Stipulated Motion For Extension Of Time as to All Defendants)(Scofield, David)
March 2, 2011 Filing 6 WAIVER OF SERVICE Returned Executed filed by Shad Morris as to Geneos Wealth Advisors Waiver sent on 1/26/2011, answer due 3/28/2011. (Ascione, Patrick)
March 2, 2011 Filing 5 WAIVER OF SERVICE Returned Executed filed by Shad Morris as to Geneos Wealth Managment Waiver sent on 1/26/2011, answer due 3/28/2011. (Ascione, Patrick)
March 2, 2011 Filing 4 WAIVER OF SERVICE Returned Executed filed by Shad Morris as to Knox Capital Group Waiver sent on 1/26/2011, answer due 3/28/2011. (Ascione, Patrick)
March 2, 2011 Filing 3 WAIVER OF SERVICE Returned Executed filed by Shad Morris as to Brodie Barnes Waiver sent on 1/26/2011, answer due 3/28/2011. (Ascione, Patrick)
December 6, 2010 Filing 2 COMPLAINT against Brodie Barnes, Ryan Day, Geneos Wealth Advisors, Geneos Wealth Managment, Knox Capital Group (Filing fee $ 350, receipt number 1088-1248532), filed by Shad Morris. (Attachments: #1 Civil Cover Sheet) Assigned to Judge Dee Benson (Ascione, Patrick)
December 6, 2010 Filing 1 Case has been indexed and assigned to Judge Dee Benson. Plaintiff Shad Morris is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jlw)

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Plaintiff: Shad Morris
Represented By: Malisa L. Whiting
Represented By: Patrick J. Ascione
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Defendant: Knox Capital Group
Represented By: David W. Scofield
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Defendant: Geneos Wealth Managment
Represented By: David W. Scofield
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Defendant: Geneos Wealth Advisors
Represented By: David W. Scofield
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Defendant: Ryan Day
Represented By: David W. Slaughter
Represented By: Reza D. Rismani
Represented By: Rusty D. Miller
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Defendant: Brodie Barnes
Represented By: David W. Scofield
Represented By: Thomas E. Stamos
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Defendant: Financial Industry Regulatory Authority
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