Eckenwiler v. OppenheimerFunds Distributor, Inc. et al
Plaintiff: Michael Roy Eckenwiler
Defendant: Pensco Trust Company, LLC, American Estate & Trust, LLC, Shareholder Services, Inc. doing business as OppenheimerFunds Services and OppenheimerFunds Distributor, Inc.
Cross Claimant: Shareholder Services, Inc.
Case Number: 1:2020cv00055
Filed: October 26, 2020
Court: US District Court for the Western District of Virginia
Presiding Judge: James P Jones
Referring Judge: Pamela Meade Sargent
2 Judge: Michael F Urbanski
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2020 Filing 42 NOTICE of Appearance by Adam Michael Harris on behalf of OppenheimerFunds Distributor, Inc., Shareholder Services, Inc. (Harris, Adam)
December 18, 2020 Opinion or Order Filing 41 ORDER granting #17 MOTION to Appear Pro Hac Vice for Adam Harris. Signed by Magistrate Judge Pamela Meade Sargent on 12/18/2020. (ar)
December 15, 2020 Opinion or Order Filing 40 Order Setting Settlement Conference: Settlement Conference set for 2/4/2021 10:00 AM by video conference before Magistrate Judge Pamela Meade Sargent. Written statements due 1/28/2021 and may be emailed to chambers. Signed by Magistrate Judge Pamela Meade Sargent on 12/15/2020. (rb)
December 8, 2020 Filing 39 NOTICE of Appearance by Chimso Okoji on behalf of OppenheimerFunds Distributor, Inc., Shareholder Services, Inc. (Okoji, Chimso)
December 8, 2020 Opinion or Order Filing 38 Order to Consolidate Cases, Order Referring Case for Mediation. All deadlines stayed pending mediation. Signed by Chief Judge Michael F. Urbanski on 12/8/20. (mka)
December 8, 2020 Filing 37 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Scheduling Conference held on 12/8/2020. (mka)
December 7, 2020 Filing 36 AMENDED COMPLAINT against All Defendants, filed by Michael Roy Eckenwiler. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B)(O'Keeffe, James)
December 3, 2020 Opinion or Order Filing 35 ORDER granting #18 MOTION to Appear Pro Hac Vice Signed by Magistrate Judge Pamela Meade Sargent on 12/3/20. (ejs)
December 3, 2020 Opinion or Order Filing 34 ORDER granting #30 Motion for Extension of Time to File Response/Reply Plaintiff Responses due by 12/14/2020 Signed by Magistrate Judge Pamela Meade Sargent on 12/3/20. (ejs)
December 3, 2020 Opinion or Order Filing 33 ORDER granting #29 Motion To Replace Previously Filed Motion to Dismiss Plaintiffs Complaint and Supporting Brief with Clearer Copies Signed by Magistrate Judge Pamela Meade Sargent on 12/3/20. (ejs)
December 2, 2020 Filing 32 NOTICE of Appearance by Kurt E. Lindquist, II on behalf of Pensco Trust Company, LLC (Lindquist, Kurt)
December 2, 2020 Filing 31 NOTICE of Hearing: (N) (No Interpreter requested) Telephonic Scheduling Conference set for 12/8/2020 09:00 AM in Roanoke before Chief Judge Michael F. Urbanski. (mka)
December 2, 2020 Filing 30 Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction Over Defendant American Estate & Trust, LC by Michael Roy Eckenwiler. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit Proposed Order)(O'Keeffe, James)
December 2, 2020 Filing 29 MOTION to Replace re #25 Brief / Memorandum in Support, #24 MOTION to Dismiss Plaintiffs Complaint with Clearer Copies by Pensco Trust Company, LLC. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Kurtz, Chad)
December 1, 2020 Filing 28 Scheduling Letter (mka)
November 24, 2020 Opinion or Order Filing 27 ORDER granting #22 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 11/24/2020. (ar)
November 24, 2020 Filing 26 Positive Corporate Disclosure Statement by Pensco Trust Company, LLC identifying Corporate Parent Pacific Premier Bank, Inc. for Pensco Trust Company, LLC. (Kurtz, Chad)
November 23, 2020 Filing 25 Brief / Memorandum in Support re #24 MOTION to Dismiss Plaintiffs Complaint . filed by Pensco Trust Company, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kurtz, Chad) (Main Document 25 replaced on 12/3/2020) (ejs). (Attachment 1 replaced on 12/3/2020) (ejs). (Attachment 2 replaced on 12/3/2020) (ejs). Modified on 12/3/2020 (ejs) - All pdf replaced per direction of order entered 12/3/20.
November 23, 2020 Filing 24 MOTION to Dismiss Plaintiffs Complaint by Pensco Trust Company, LLC. (Attachments: #1 Text of Proposed Order)(Kurtz, Chad)
November 23, 2020 Filing 23 ANSWER to Complaint , CROSSCLAIM against Pensco Trust Company, LLC by Shareholder Services, Inc., OppenheimerFunds Distributor, Inc..(Siegle, Emerson)
November 23, 2020 Filing 22 MOTION for Kurt E. Lindquist II to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3554247. by Pensco Trust Company, LLC. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Attachment A, #2 Text of Proposed Order)(Kurtz, Chad)
November 23, 2020 Filing 21 Brief / Memorandum in Support re #20 MOTION to Dismiss for Lack of Jurisdiction Over Defendant American Estate & Trust, LC . filed by American Estate & Trust, LLC. (Attachments: #1 Declaration of Scott Janko)(Jones, Christopher)
November 23, 2020 Filing 20 MOTION to Dismiss for Lack of Jurisdiction Over Defendant American Estate & Trust, LC by American Estate & Trust, LLC. (Jones, Christopher)
November 23, 2020 Filing 19 NOTICE of Appearance by Christopher Kendal Jones on behalf of American Estate & Trust, LLC (Jones, Christopher)
November 23, 2020 Filing 18 MOTION for Chimso Okoji to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3553973. by OppenheimerFunds Distributor, Inc., Shareholder Services, Inc.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Siegle, Emerson)
November 23, 2020 Filing 17 MOTION for Adam M. Harris to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3553957. by OppenheimerFunds Distributor, Inc., Shareholder Services, Inc.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Siegle, Emerson)
November 20, 2020 Opinion or Order Filing 16 ORDER granting #15 Motion to Substitute Attorney. Added attorney Chad Evin Kurtz for Pensco Trust Company, LLC. Attorney Ian Ramsey-Baird Dickinson terminated Signed by Magistrate Judge Pamela Meade Sargent on 11/20/20. (ejs)
November 19, 2020 Filing 15 MOTION to Substitute Attorney by Pensco Trust Company, LLC. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Kurtz, Chad)
November 9, 2020 Filing 14 Paper State Court Records received from Circuit Court Smyth County, Virginia, CL20000509-00, (Paper records available for viewing in the Clerk's Office.) (Attachments: #1 Part 2)(ejs)
October 30, 2020 Opinion or Order Filing 13 ORDER granting #10 Motion for Extension of Time to Answer Pensco Trust Company, LLC answer due 11/23/2020. Signed by Magistrate Judge Pamela Meade Sargent on 10/30/2020. (ar)
October 30, 2020 Opinion or Order Filing 12 ORDER granting #9 Motion for Extension of Time to Answer OppenheimerFunds Distributor, Inc. answer due 11/23/2020; Shareholder Services, Inc. answer due 11/23/2020. Signed by Magistrate Judge Pamela Meade Sargent on 10/30/2020. (ar)
October 29, 2020 Filing 11 NOTICE by American Estate & Trust, LLC re #1 Consent to Removal (Jones, Christopher)
October 29, 2020 Filing 10 MOTION for Extension of Time to File Answer by Pensco Trust Company, LLC. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Dickinson, Ian)
October 29, 2020 Filing 9 Joint MOTION for Extension of Time to File Answer (Uncontested) by OppenheimerFunds Distributor, Inc., Shareholder Services, Inc.. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Siegle, Emerson)
October 29, 2020 Filing 8 AMENDED DOCUMENT by OppenheimerFunds Distributor, Inc., Shareholder Services, Inc.. / Amended Notice of Removal / (Attachments: #1 Exhibit A, #2 Exhibit B)(Siegle, Emerson)
October 29, 2020 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to File Response/Reply. AET has until and including November 23, 2020 to file AET's response to plaintiff's Complaint. Signed by Magistrate Judge Pamela Meade Sargent on 10/29/2020. (ar)
October 28, 2020 Filing 6 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, Complaint by American Estate & Trust, LLC. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit 1)(Byrd, Lloyd)
October 27, 2020 Filing 4 Positive Corporate Disclosure Statement by OppenheimerFunds Distributor, Inc. identifying Corporate Parent Invesco, Ltd. for OppenheimerFunds Distributor, Inc.. (Siegle, Emerson)
October 27, 2020 Filing 3 Positive Corporate Disclosure Statement by Shareholder Services, Inc. identifying Corporate Parent Invesco, Ltd. for Shareholder Services, Inc.. (Siegle, Emerson)
October 27, 2020 Opinion or Order Filing 2 Order Requesting Transmittal of Case File from Smyth County Circuit Court. Signed by Magistrate Judge Pamela Meade Sargent on 10/27/20. (ejs)
October 26, 2020 Filing 1 NOTICE OF REMOVAL from Smyth County Circuit Court, case number CL20000509-00. (Filing & Administrative fee $ 400; receipt number AVAWDC-3527157 ), filed by Shareholder Services, Inc., OppenheimerFunds Distributor, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(ejs) Modified on 10/27/2020 - corrected date of filing to reflect 10/26/2020 instead of 10/27/2020 (ejs).

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Defendant: Pensco Trust Company, LLC
Represented By: Chad Evin Kurtz
Represented By: Ian Ramsey-Baird Dickinson
Represented By: Kurt E. Lindquist, II
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Defendant: American Estate & Trust, LLC
Represented By: Christopher Kendal Jones
Represented By: Lloyd Lee Byrd
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Defendant: Shareholder Services, Inc. doing business as OppenheimerFunds Services
Represented By: Emerson A. Siegle
Represented By: Adam Michael Harris
Represented By: Chimso Okoji
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Defendant: OppenheimerFunds Distributor, Inc.
Represented By: Emerson A. Siegle
Represented By: Adam Michael Harris
Represented By: Chimso Okoji
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Plaintiff: Michael Roy Eckenwiler
Represented By: Thomas Dean Domonoske
Represented By: James Joseph O'Keeffe, IV
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Cross claimant: Shareholder Services, Inc.
Represented By: Emerson A. Siegle
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