Cambria Capital v. Fusaro
Plaintiff: Cambria Capital
Defendant: Kelli Fusaro
Case Number: 2:2021cv00428
Filed: July 15, 2021
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2021 Opinion or Order Filing 26 MOTION Requesting In-Person Hearingon Cambria's Request for Rule 16 Conference re 21 Notice of Hearing on Motion,, 10 Notice of Hearing on Motion,, filed by Plaintiff Cambria Capital. (Attachments: #1 Exhibit Attorney Planning Report, #2 Exhibit Proposed Scheduling Order)(Neville, Patrick)
September 1, 2021 Opinion or Order Filing 25 ORDER denying #4 Motion for Preliminary Injunction; denying #4 Motion for TRO. Signed by Judge David Barlow on 9/1/2021. (jwt)
September 1, 2021 Opinion or Order Filing 24 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 9/1/2021 re #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support, Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Cambria Capital. Discussion and argument heard on the motions. For the reasons stated on the record, the court DENIES the motions. Attorney for Plaintiff: Zack Winzeler, Attorney for Defendant: Kelli Fusaro (pro se). Court Reporter: Laura Robinson.(tcs)
August 27, 2021 Opinion or Order Filing 23 REPLY to Response to Motion re #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Cambria Capital. (Attachments: #1 Exhibit Order Staying Arbitration)(Neville, Patrick)
August 19, 2021 Opinion or Order Filing 22 MEMORANDUM in Opposition re #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendant Kelli Fusaro. (Attachments: #1 Supplement Signature Page, #2 Exhibit A-FINRA Complaint letter, #3 Exhibit B-Cambria Capital, #4 Exhibit C1-FINRA Denied Motion to Dismiss, #5 Exhibit C2-FINRA Denied Motion to Dismiss, #6 Exhibit D -Summary of Events, #7 Exhibit A-1 Request for conservative strategy, #8 Exhibit A-2 Request for conservative strategy, #9 Exhibit A-3 Assurance of conservative strategy, #10 Exhibit A3-1 Cambria Capital Proprietary Risk Management, #11 Exhibit A-4 Portfolio from Cambria Capital, #12 Exhibit A-5 Aleph Strategies Performance Report, #13 Exhibit A-6 Wire transfer instructed by CC, #14 Exhibit A-7 Loss Statement Feb 2020, #15 Exhibit A8-1 Conservative strategy email to Steve, #16 Exhibit A8-2 May 1 Conservation requestt, #17 Exhibit A8-3 Email from Steve 5-8-2019, #18 Exhibit A8-4 Proprietary Risk Management, #19 Exhibit A8-5 Cambria portfolio to Kelli Fusaro, #20 Exhibit A8-6 Performance Report, #21 Exhibit A8-7 Loss Statment Feb 28, #22 Exhibit A8-8 Appt to go over Fusaro financials, #23 Exhibit A8-9 Cambria proprietary volatility management, #24 Exhibit A8-10 Portfolio Proposal, #25 Exhibit A8-11 Portfolio Structuring, #26 Exhibit A8-12 Cambria Income Strategy, #27 Exhibit A8-13 Compound Interest, #28 Exhibit A8-14 Email to Steve Dallin, #29 Exhibit A8-15 Reply Steve Dallin, #30 Exhibit A8-16 Email to Steve, #31 Exhibit A9-1 Phone Aug 3-5, #32 Exhibit A9-2 Phone Jan 13-16, #33 Exhibit A-3 Phone July 30-31, #34 Exhibit A9-4 Phone May 8-June 7, #35 Exhibit A9-5 Phone Oct 29-30-Nov 6, #36 Exhibit A9-6 Phone Sept 10-11)(nl)
August 9, 2021 Opinion or Order Filing 21 AMENDED NOTICE OF ZOOM HEARING ON MOTION re: #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support : Motion Hearing set for 9/1/2021 at 01:00 PM in Rm 8.100 before Judge David Barlow. The court will e-mail Zoom hearing instructions to the parties and the court reporter. Members of the public or media who wish to attend should contact utdecf_barlow@utd.uscourts.gov at least 24 hours in advance of the hearing to request hearing instructions. (tcs)
August 9, 2021 Opinion or Order Filing 20 ORDER granting #17 Motion for Extension of Time to File Response/Reply re #4 Plaintiff's MOTION for Preliminary Injunction MOTION for Temporary Restraining Order and Memorandum in Support. Defendant's deadline to file any opposition is extended to August 20, 2021. Plaintiff's reply, if any, is due by August 27, 2021. Signed by Judge David Barlow on 08/09/2021. (jl)
August 9, 2021 Opinion or Order Filing 19 ORDER granting #18 Pro Se Motion for Email Filing and Notification. Signed by Judge David Barlow on 08/09/2021. (jl)
August 6, 2021 Opinion or Order Filing 18 Pro Se MOTION for Email Filing and Notification filed by Defendant Kelli Fusaro. (Attachments: #1 E-Fililng and Notification Form). (jl)
August 6, 2021 Opinion or Order Filing 17 MOTION for Extension of Time to File Answer re #2 Complaint and MOTION for Extension of Time to File Opposition Response as to #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendant Kelli Fusaro. (Attachments: #1 Acceptance of Service)(jl) Modified by terminating motion per #20 ORDER on 8/9/2021 (jl).
July 29, 2021 Opinion or Order Filing 16 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cambria Capital as to Kelli Fusaro served on 7/28/2021, answer due 8/18/2021. (Neville, Patrick)
July 29, 2021 Opinion or Order Filing 15 NOTICE OF DEFICIENCY re #14 Return of Service. The document was incorrectly filed under the wrong event. The clerk requests the filer of the original document to refile the pleading under Summons Returned Executed and include a copy of the summons. The new pleading will receive a new document number on the docket. (jl)
July 28, 2021 Opinion or Order Filing 14 ***STRICKEN DISREGARD filed incorrectly*****RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Kelli FusaroKelli Fusaro on July 28, 2021July 28, 2021, filed by Plaintiff Cambria Capital., AFFIDAVIT OF SERVICE for Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, all accompanying filings, and all of the Court Orders received to date served on Kelli FusaroKelli Fusaro on July 28, 2021July 28, 2021, filed by Plaintiff Cambria Capital. (Attachments: #1 Exhibit Affidavit of Service)(Neville, Patrick) Modified by striking as filed incorrectly on 7/30/2021 (jl).
July 20, 2021 Opinion or Order Filing 13 DECLARATION of Patrick J. Neville re 9 Order,,, filed by Cambria Capital. (Neville, Patrick)
July 19, 2021 Opinion or Order Filing 12 NOTICE OF FILING re 9 Order,,, filed by Plaintiff Cambria Capital. (Neville, Patrick)
July 19, 2021 Opinion or Order Filing 11 NOTICE OF FILING re 9 Order,,, filed by Plaintiff Cambria Capital. (Attachments: #1 Exhibit FINRA Order Denying Cambria's Motion to Dismiss)(Neville, Patrick)
July 16, 2021 Opinion or Order Filing 10 NOTICE OF ZOOM HEARING ON MOTION re: #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support: Motion Hearing set for 8/18/2021 at 01:30 PM in Rm 8.300 before Judge David Barlow. The court will e-mail Zoom hearing instructions to the parties and the court reporter. Members of the public or media who wish to attend should contact utdecf_barlow@utd.uscourts.gov at least 24 hours in advance of the hearing to request hearing instructions. (tcs)
July 16, 2021 Opinion or Order Filing 9 DOCKET TEXT ORDER No attached document. The court has received Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and sets the following briefing schedule: Defendant's opposition, if any, is due by 08/06/21. Plaintiff's reply, if any, is due by 08/13/21. The court will set a Zoom hearing on this matter on 08/18/21 at 1:30 p.m. Plaintiff is ordered to immediately notify Defendant of the briefing schedule and hearing date and time and to then file a notice by 07/20/21 at 5 p.m. indicating that those steps have been taken. Plaintiff is further ordered to provide the court a copy of the FINRA decision denying its motion to dismiss by 07/26/21 at 5 p.m. Signed by Judge David Barlow on 07/16/21. (rep)
July 16, 2021 Opinion or Order Filing 8 ORDER granting #6 Motion for Leave to File Sealed Document. Cambria may file under seal Exhibits A, C-F, and H to the Declaration of Shane Philbrick in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support. Signed by Judge David Barlow on 07/16/2021. (jl)
July 15, 2021 Opinion or Order Filing 7 **SEALED DOCUMENT** re #6 Plaintiff's MOTION for Leave to File Sealed Document re #5 Affidavit/Declaration in Support of Motion,,, , #5 Affidavit/Declaration in Support of Motion,,, filed by Plaintiff Cambria CapitalNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit ADM Investor Services, Inc. Account Documentation, #2 Exhibit M&R Capital LLC Documentation, #3 Exhibit Limited Power of Attorney Revocation Form for M&R Capital LLC, #4 Exhibit Limited Power of Attorney Documentation for Aleph Strategies, LLC, #5 Exhibit Aleph Strategies, LLC Documentation, #6 Exhibit Statement of Claim)(Neville, Patrick)
July 15, 2021 Opinion or Order Filing 6 Plaintiff's MOTION for Leave to File Sealed Document re #5 Affidavit/Declaration in Support of Motion,,, filed by Plaintiff Cambria Capital. (Attachments: #1 Text of Proposed Order (Proposed) Order Granting Motion to Seal Exhibits to Shane Philbrick Declaration)(Neville, Patrick)
July 15, 2021 Opinion or Order Filing 5 Redacted AFFIDAVIT/DECLARATION of Shane Philbrick in Support re #4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Cambria Capital. (Attachments: #1 Exhibit ADM Investor Services, Inc. Account Documentation, #2 Exhibit June 4, 2019 E-mail Correspondence, #3 Exhibit M&R Capital LLC Documentation, #4 Exhibit Limited Power of Attorney Revocation Form for M&R Capital LLC, #5 Exhibit Limited Power of Attorney Documentation for Aleph Strategies, LLC, #6 Exhibit Aleph Strategies, LLC Documentation, #7 Exhibit E-mail Correspondence, #8 Exhibit Statement of Claim, #9 Exhibit Motion to Dismiss)(Neville, Patrick)
July 15, 2021 Opinion or Order Filing 4 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support , Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Cambria Capital. (Attachments: #1 Exhibit Brief of Amicus Curiae Futures Industry Association)(Neville, Patrick)
July 15, 2021 Opinion or Order Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Kelli Fusaro. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
July 15, 2021 Opinion or Order Filing 2 COMPLAINT For Declaratory Judgment and Injunctive Relief and Temporary Restraining Order against Kelli Fusaro (Filing fee $ 402, receipt number AUTDC-4059337) filed by Cambria Capital. (Attachments: #1 Civil Cover Sheet Cover Sheet) Assigned to Judge David Barlow (Neville, Patrick)
July 15, 2021 Opinion or Order Filing 1 Case has been indexed and assigned to Judge David Barlow. Plaintiff Cambria Capital is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt)

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Plaintiff: Cambria Capital
Represented By: Erik A. Christiansen
Represented By: Patrick J. Neville
Represented By: Zack L. Winzeler
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Defendant: Kelli Fusaro
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