Esposito Securities LLC v. AdvisorShares Investments LLC


Texas Northern District Court (txnd)

Docket Number: 3:12-cv-04926
Pacer Case Number: 226152

Date filed: 2012-12-03
Date terminated: None entered
Date last filing: None entered

Document List

This docket is unofficial and may be incomplete or out-of-date. The official docket is available on PACER (fees may apply). For more information, click here
1.0 NOTICE OF REMOVAL from 95th Judicial District Court, Dall...
NOTICE OF REMOVAL from 95th Judicial District Court, Dallas County, Texas, case number DC-12-12517 filed by AdvisorShares Investments, LLC. (Filing fee $350; receipt number 0539-4981171) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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 should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Cover Sheet Civil Cover Sheet, # 2 Cover Sheet Supplement Supplemental Cover Sheet) (Bernardo, Micala) (Entered: 12/03/2012)
Date filed in court 12/03/2012
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2.0 Appendix in Support filed by AdvisorShares Investments, L...
Appendix in Support filed by AdvisorShares Investments, LLC re 1 Notice of Removal,,,, (Attachments: # 1 Exhibit(s) A-District Court Civil Docket Sheet, # 2 Exhibit(s) B-Civil Case Information Sheet, # 3 Exhibit(s) C-Temporary Restraining Order, # 4 Exhibit(s) D-Plaintiff's Original Petition, # 5 Exhibit(s) E-Citation, # 6 Exhibit(s) F-Notice of Dismissal for Want of Prosecution, # 7 Exhibit(s) G-Secretary of State's Receipt of service of process, # 8 Exhibit(s) H-Secretary of State's November 8, 2012 letter, # 9 Exhibit(s) I-Corporation Trust Company's November 14, 2012 letter, # 10 Exhibit(s) J-Esposito's 2011 Audited Financial Statements, # 11 Exhibit(s) K-Notification of Removal of Civil action from the state court) (Bernardo, Micala) (Entered: 12/03/2012)
Date filed in court 12/03/2012
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3.0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by...
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AdvisorShares Investments, LLC. (Bernardo, Micala) (Entered: 12/03/2012)
Date filed in court 12/03/2012
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4.0 New Case Notes: A filing fee has been paid. File to Judge...
New Case Notes: A filing fee has been paid. File to Judge Godbey. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (cea) (Entered: 12/04/2012)
Date filed in court 12/03/2012
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5.0 Unopposed MOTION for Extension of Time to File Respond to...
Unopposed MOTION for Extension of Time to File Respond to Plaintiff's Petition and Application for Temporary Restraining Order filed by AdvisorShares Investments, LLC (Bernardo, Micala) (Entered: 12/11/2012)
Date filed in court 12/11/2012
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6.0 ELECTRONIC ORDER granting 5 Motion for Extension of Time ...
ELECTRONIC ORDER granting 5 Motion for Extension of Time to Answer. Answer due December 28, 2012. (Ordered by Judge David C Godbey on 12/14/2012) (chmb) (Entered: 12/14/2012)
Date filed in court 12/14/2012
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7.0 MOTION to Dismiss the Original Petition of Plaintiff Espo...
MOTION to Dismiss the Original Petition of Plaintiff Esposito Securities, LLC filed by AdvisorShares Investments, LLC (Painter, Ann) (Entered: 12/28/2012)
Date filed in court 12/28/2012
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Date uploaded to RECAP 03/14/2013
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8.0 Brief/Memorandum in Support filed by AdvisorShares Invest...
Brief/Memorandum in Support filed by AdvisorShares Investments, LLC re 7 MOTION to Dismiss the Original Petition of Plaintiff Esposito Securities, LLC (Painter, Ann) (Entered: 12/28/2012)
Date filed in court 12/28/2012
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9.0 Appendix in Support filed by AdvisorShares Investments, L...
Appendix in Support filed by AdvisorShares Investments, LLC re 7 MOTION to Dismiss the Original Petition of Plaintiff Esposito Securities, LLC, 8 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) A - APP 000001-000050) (Painter, Ann) (Entered: 12/28/2012)
Date filed in court 12/28/2012
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10.0 ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE : The pa...
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE : The parties are directed to confer within 21 days of the date of this Order regarding the following matters, and report to the Court within 14 days after the conference. (Ordered by Judge David C Godbey on 12/31/2012) (ndt) (Entered: 12/31/2012)
Date filed in court 12/31/2012
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Date uploaded to RECAP 01/02/2013
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11.0 Agreed MOTION for Extension of Time to File Response/Repl...
Agreed MOTION for Extension of Time to File Response/Reply to Defendant's motion to dismiss or other responsive pleading filed by AdvisorShares Investments, LLC, Esposito Securities, LLC (Attachments: # 1 Proposed Order) (Smith, Court) (Entered: 01/17/2013)
Date filed in court 01/17/2013
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12.0 ELECTRONIC ORDER granting 11 Motion to Extend Time to Fil...
ELECTRONIC ORDER granting 11 Motion to Extend Time to File Response/Reply. Responses due by 2/1/2013 (Ordered by Judge David C Godbey on 1/18/2013) (chmb) (Entered: 01/18/2013)
Date filed in court 01/18/2013
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13.0 MOTION to Extend Time to file joint report and for Plaint...
MOTION to Extend Time to file joint report and for Plaintiff to file answer to motion to dismiss filed by AdvisorShares Investments, LLC, Esposito Securities, LLC (Attachments: # 1 Proposed Order) (Smith, Court) (Entered: 01/31/2013)
Date filed in court 01/31/2013
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14.0 ELECTRONIC ORDER granting 13 Motion to Extend Time. Respo...
ELECTRONIC ORDER granting 13 Motion to Extend Time. Responses to Motion to Dismiss due by 2/15/2013. Status Report due by 2/18/2013. (Ordered by Judge David C Godbey on 2/1/2013) (chmb) (Entered: 02/01/2013)
Date filed in court 02/01/2013
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15.0 Agreed MOTION for Extension of Time to File 26(f) Report ...
Agreed MOTION for Extension of Time to File 26(f) Report and for Plaintiff to File Response to Defendant's Motion to Dismiss filed by AdvisorShares Investments, LLC, Esposito Securities, LLC (Attachments: # 1 Proposed Order Agreed Motion for Extension of Time) (Smith, Court) (Entered: 02/14/2013)
Date filed in court 02/14/2013
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16.0 ELECTRONIC ORDER granting 15 Motion for Extension of Time...
ELECTRONIC ORDER granting 15 Motion for Extension of Time to File. Responses to Motion to Dismiss due by 2/22/2013. The Joint Status Report is due February 25, 2013. (Ordered by Judge David C Godbey on 2/15/2013) (chmb) (Entered: 02/15/2013)
Date filed in court 02/15/2013
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17.0 AMENDED COMPLAINT Esposito Securities LLC's Amended Petit...
AMENDED COMPLAINT Esposito Securities LLC's Amended Petition against All Defendants filed by Esposito Securities, LLC. (Attachments: # 1 Exhibit(s) Exhibit A) (Smith, Court) (Entered: 02/22/2013)
Date filed in court 02/22/2013
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Date uploaded to RECAP 02/25/2013
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17.1 Exhibit(s) Exhibit A
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18.0 RESPONSE filed by Esposito Securities, LLC re: 7 MOTION t...
RESPONSE filed by Esposito Securities, LLC re: 7 MOTION to Dismiss the Original Petition of Plaintiff Esposito Securities, LLC (Smith, Court) (Entered: 02/22/2013)
Date filed in court 02/22/2013
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Date uploaded to RECAP 03/14/2013
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19.0 Unopposed MOTION to Extend Time Respond to Plaintiff's Am...
Unopposed MOTION to Extend Time Respond to Plaintiff's Amended Petition filed by AdvisorShares Investments, LLC (Bernardo, Micala) (Entered: 02/27/2013)
Date filed in court 02/27/2013
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20.0 Joint STATUS REPORT filed by AdvisorShares Investments, ...
Joint STATUS REPORT filed by AdvisorShares Investments, LLC, Esposito Securities, LLC. (Smith, Court) (Entered: 02/27/2013)
Date filed in court 02/27/2013
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Date uploaded to RECAP 03/15/2013
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21.0 ELECTRONIC ORDER granting 19 Motion to Extend Time to ans...
ELECTRONIC ORDER granting 19 Motion to Extend Time to answer or respond. New deadline is March 28, 2013. (Ordered by Judge David C Godbey on 3/4/2013) (chmb) (Entered: 03/04/2013)
Date filed in court 03/04/2013
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22.0 SCHEDULING ORDER: The setting is for a one week docket. J...
SCHEDULING ORDER: The setting is for a one week docket. Jury Trial set for 3/10/2014 before Judge David C Godbey. (Ordered by Judge David C Godbey on 3/8/2013) (ndt) (Entered: 03/08/2013)
Date filed in court 03/08/2013
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23.0 MOTION to Dismiss (The Amended Petition of Plaintiff Espo...
MOTION to Dismiss (The Amended Petition of Plaintiff Esposito Securities, LLC) filed by AdvisorShares Investments, LLC (Painter, Ann) (Entered: 03/28/2013)
Date filed in court 03/28/2013
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24.0 Brief/Memorandum in Support filed by AdvisorShares Invest...
Brief/Memorandum in Support filed by AdvisorShares Investments, LLC re 23 MOTION to Dismiss (The Amended Petition of Plaintiff Esposito Securities, LLC) (Painter, Ann) (Entered: 03/28/2013)
Date filed in court 03/28/2013
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25.0 Appendix in Support filed by AdvisorShares Investments, L...
Appendix in Support filed by AdvisorShares Investments, LLC re 23 MOTION to Dismiss (The Amended Petition of Plaintiff Esposito Securities, LLC), 24 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) 1-Bernardo Declaration APP 1-3, # 2 Exhibit(s) A-July 16, 2012 IndexUniverse article "New ETF Firm APP 406, # 3 Exhibit(s) B-July 17, 2012 PR Newswire Dallas article "GENCAP Ventures, LLC Purchases Factor Advisors, LLC" APP 7, # 4 Exhibit(s) C-July 18, 2012 ETF Trends article "Gencap Acquires FactorShares ETF's" written by T. Lydon APP 8-9, # 5 Exhibit(s) D-July 18, 2012 PR Newswire Dallas article "GENCAP Ventures, LLC Announces Important Partnersuip with Esposito Global APP 10-11, # 6 Exhibit(s) E-July 23, 2012 MorningStar article "Curtain Rises for 2 More Preferrred-Stock ETFs" written by R. Goldsborough APP 12-18, # 7 Exhibit(s) F-September 5, 2012 IndexUniverse article FactorShares LIsts 2 Miner ETFs" written by C. Murphy APP 19-20, # 8 Exhibit(s) G-November 29, 2012 IndexUniverse article FactorShares Lists 2 Miner ETFs" written by C. Murphy APP 21-22, # 9 Exhibit(s) H-GENCAP Ventures, LLC Announces ImportaStrategic Partnership with Esposito Global, LLC July 2012" APP 23-24, # 10 Exhibit(s) I-FINRA BrokerCheck report for Justin P. Burns APP 25, # 11 Exhibit(s) J-Esposito Securities Home Page APP 26, # 12 Exhibit(s) K-Esposito Private Equity Home Page APP 27, # 13 Exhibit(s) L-Esposito Securities Home Page APP 28, # 14 Exhibit(s) M-Esposito Global Contact Page APP 29, # 15 Exhibit(s) N-Esposito Securities Contact Page APP 30-31, # 16 Exhibit(s) O-Esposito Private Equity Contact Page APP 32-33, # 17 Exhibit(s) P-Excerpts from FactorShares 2X: Gold Bull/Bear Form 424(b)(3), which was filed with the SECS&P on July 16, 2012 APP 34-39, # 18 Exhibit(s) Q-Esposito Securities, LLC Form X-17 A-5, which was filed with the SEC on March 1, 2012 APP 40-63,, # 19 Exhibit(s) R-GENCAP Ventures, LLCs Certificate of Formation," which was filed with the Texas Secretary of State on February 23, 2012 APP 64-66, # 20 Exhibit(s) S-FactorShares 2X: Gold Bull/S&P Bear Form 8-K, which was filed with the SEC on June 5, 2012 APP 67-69, # 21 Exhibit(s) T-Comparison of Plaintiff's Original Petition to Plaintiff's Amended Petition APP 70-97) (Painter, Ann) (Entered: 03/28/2013)
Date filed in court 03/28/2013
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