Edward D. Jones & Co., L.P. v. Clyburn
| Edward D. Jones & Co., L.P. |
| Samuel (ED) Clyburn, Jr. |
| 7:2020cv00433 |
| July 28, 2020 |
| US District Court for the Western District of Virginia |
| Glen E Conrad |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
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IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
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Filing 23
ORDER DISMISSING CASE WITH Prejudice pursuant to Rule 41(a)(1)(A)(i) Federal Rules of Civil Procedure. Signed by Senior Judge Glen E. Conrad on 09/21/2020. (ssm)
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Filing 22
NOTICE of Voluntary Dismissal by Edward D. Jones & Co., L.P. (Meyers, Caitlin)
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Filing 21
ORDER. The parties shall have ten (10) days to file a joint report summarizing the status of the arbitration proceedings and their respective positions on the need for this action to remain pending on the court's active docket. Signed by Senior Judge Glen E. Conrad on 9/10/2020. (aab)
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Magistrate Consent Notice to Parties. #Click here to access the Consent Form (aab)
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Filing 20
ORDER granting #4 Motion for TRO under conditions as set forth in the order, for a period of 14 days or as the court may find cause to extend, Mr. Clyburn consents to further extension, or a decision is issued by a FINRA arbitration panel, with no security bond necessary at this time. Signed by Senior Judge Glen E. Conrad on 08/19/2020. (ssm)
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Filing 19
MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 08/19/2020. (ssm)
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Filing 18
NOTICE by Edward D. Jones & Co., L.P. re #16 to Correct Exhibit B (Attachments: #1 Exhibit 1 - Edward Jones' Transition Code of Conduct)(Meyers, Caitlin)
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Filing 17
Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Telephonic Motion Hearing held on 8/14/2020 re #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Edward D. Jones & Co., L.P. (Court Reporter: JoRita Meyer) (ssm)
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Filing 16
REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction . filed by Edward D. Jones & Co., L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Meyers, Caitlin)
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Filing 15
Brief / Memorandum in Support re #14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim . filed by Samuel (ED) Clyburn, Jr. (Attachments: #1 Exhibit A (Edward Jones' Statement of Claim with FINRA))(Long, Joshua)
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Filing 14
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Samuel (ED) Clyburn, Jr. (Long, Joshua)
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Filing 13
RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction . filed by Samuel (ED) Clyburn, Jr. (Attachments: #1 Exhibit A (Clyburn Declaration), #2 Exhibit A1 (Clyburn Declaration Exhibit 1), #3 Exhibit A2 (Clyburn Declaration Exhibit 2), #4 Exhibit A3 (Clyburn Affidavit Exhibit 3), #5 Exhibit B (Lawson Declaration), #6 Exhibit C (Order Denying Edward Jones' Substantially Similar Motion againsrt Kerr))(Long, Joshua)
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Filing 12
ORDER granting #8 MOTION to Appear Pro Hac Vice Attorney Russell S. Sayre for Samuel (ED) Clyburn, Jr. added. Signed by Senior Judge Glen E. Conrad on 8/12/2020. (aab)
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Filing 11
ORDER granting #10 MOTION to Appear Pro Hac Vice Attorney Caitlin M. Meyers for Edward D. Jones & Co., L.P. added. Signed by Senior Judge Glen E. Conrad on 08/12/2020. (aab)
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Filing 10
Consent MOTION for Caitlin M. Meyers to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3459579. by Edward D. Jones & Co., L.P.. (Attachments: #1 Text of Proposed Order Exhibit 1)(Schwartz, Micah)
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Filing 9
NOTICE of Hearing on Motion #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction : (CR Meyer) Telephonic Motion Hearing set for 8/14/2020 04:00 PM in Roanoke before Senior Judge Glen E. Conrad. Dial In Instructions to follow. (ssm)
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Filing 8
Consent MOTION for Russell S. Sayre to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3459238. by Samuel (ED) Clyburn, Jr. (Attachments: #1 Text of Proposed Order)(Long, Joshua)
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Filing 7
Positive Corporate Disclosure Statement by Edward D. Jones & Co., L.P. identifying Corporate Parent The Jones Financial Companies L.L.L.P., Corporate Parent EDJ Holding Company, Inc. for Edward D. Jones & Co., L.P.. (Schwartz, Micah)
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Filing 6
NOTICE of Appearance by Joshua F.P. Long on behalf of Samuel (ED) Clyburn, Jr (Long, Joshua)
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Magistrate Consent Notice to Parties. #Click here to access the Consent Form (aab)
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| Filing 5 Brief / Memorandum in Support re #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction . filed by Edward D. Jones & Co., L.P.. (Schwartz, Micah) |
| Filing 4 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Edward D. Jones & Co., L.P.. (Attachments: #1 Text of Proposed Order)(Schwartz, Micah) |
| Filing 3 Electronic Summons Issued as to Samuel (ED) Clyburn, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(aab) |
| Filing 2 Proposed Summons for Samuel (Ed) Clyburn, Jr. by Edward D. Jones & Co., L.P. (Schwartz, Micah) |
| Notice of Filing Requirement to Edward D. Jones & Co., L.P. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (aab) |
| Filing 1 COMPLAINT against Samuel (ED) Clyburn, Jr. (Filing & Administrative fee $ 400., receipt# 0423-3448098), filed by Edward D. Jones & Co., L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(aab) |
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| Plaintiff: Edward D. Jones & Co., L.P. | |
| Represented By: | Micah Block Schwartz |
| Represented By: | Caitlin M. Meyers |
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| Defendant: Samuel (ED) Clyburn, Jr. | |
| Represented By: | Russell Stanfield Sayre |
| Represented By: | Joshua F.P. Long |
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