Benacquisto, et al v. American Express Fin, et al

Filing 484

ORDER granting 476 Motion for Order to Show Cause; Granting Respondent's request to file a motion to reconsider 481 (Written Opinion). Signed by Senior Judge David S. Doty on 12/21/2012. CC: to all counsel list on NEF(PJM) Modified text on 12/21/2012 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 00-1980(DSD/JMM)
Lesa Benacquisto, Daniel
Benacquisto, Richard Thoresen,
Elizabeth Thoresen, Arnold
Mork, Isabella Mork, Ronald
Melchert and Susan Melchert, on
behalf of themselves and all
others similarly situated,
Plaintiffs,
ORDER

v.
American Express Financial
Corporation, American Express
Financial Advisors, American
Centurion Life Assurance
Company, American Enterprise
Life Insurance Company,
American Partners Life
Insurance Company, IDS Life
Insurance Company and IDS Life
Insurance Company of New York,
Defendants.

This matter is before the court upon the motion by Ameriprise
Financial Services, Inc. (Ameriprise) for an order to show cause
why respondents Richard and Lois Schipper should not be held in
contempt for violating the court’s November 14, 2012, order and the
request by the Schippers for permission to file a motion to
reconsider.

Because

the

parties

dispute

the

circumstances

regarding Ameriprise’s Financial Industry Regulatory Authority

submission agreement and the effect of the court’s November 14,
2012, order, the court grants both requests.

Accordingly, IT IS

HEREBY ORDERED that:
1.

Defendant’s motion for an order to show cause [ECF No.

476] is granted;
2.

Respondents’ request to file a motion to reconsider [ECF

No. 481] is granted;
3.

Respondents

shall

file

their

motion

to

reconsider,

memorandum and accompanying material by January 4, 2013;
4.

Respondents shall file their memorandum and accompanying

material in opposition to sanctions by January 18, 2013; and
5.

Defendant shall file its memorandum and accompanying

material in opposition to the motion to reconsider by January 18,
2013.
Dated:

December 21, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court

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