Filed: Nov. 15, 2012
Latest Update: Nov. 15, 2012
Summary: APPROVED STIPULATION AND CONSENT ORDER LAURIE SMITH CAMP, District Judge. The parties, Thrivent Financial for Lutherans and Thrivent Investment Management, Inc. (collectively, "Thrivent"), and Michael C. Hutchinson, stipulate, agree, and jointly move that the Court Order as follows: 1. On November 6, 2012, this Court issued an Order granting Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction in part ("Order"). 2. Pursuant to the Financial Industry Regulatory A
Summary: APPROVED STIPULATION AND CONSENT ORDER LAURIE SMITH CAMP, District Judge. The parties, Thrivent Financial for Lutherans and Thrivent Investment Management, Inc. (collectively, "Thrivent"), and Michael C. Hutchinson, stipulate, agree, and jointly move that the Court Order as follows: 1. On November 6, 2012, this Court issued an Order granting Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction in part ("Order"). 2. Pursuant to the Financial Industry Regulatory Au..
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APPROVED STIPULATION AND CONSENT ORDER
LAURIE SMITH CAMP, District Judge.
The parties, Thrivent Financial for Lutherans and Thrivent Investment Management, Inc. (collectively, "Thrivent"), and Michael C. Hutchinson, stipulate, agree, and jointly move that the Court Order as follows:
1. On November 6, 2012, this Court issued an Order granting Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction in part ("Order").
2. Pursuant to the Financial Industry Regulatory Authority ("FINRA") Rules, an expedited hearing is set to commence within fifteen days of the entry of the Order (i.e., by November 21, 2012).
3. Plaintiff Thrivent Investment Management, Inc. has amended its Statement of Claim before FINRA to add Plaintiff Thrivent Financial for Lutherans as a co-Claimant. As a result, all parties to the above-captioned matter have been named as parties to the FINRA arbitration.
4. The parties have conferred and hereby request that this Court amend its Order in a manner that will make an expedited hearing before FINRA on Thrivent's request for preliminary injunctive relief pending the final FINRA hearing unnecessary. What follows are four requested amendments:
a. On page 19 of the Order, the parties request that the first sentence of the "Conclusion" be amended to state as follows: "Based on an analysis of the Dataphase factors, the Court finds that a TRO is necessary to preserve the status quo, at least pending either (a) further order by this Court; or (b) the resolution of the matter at the final evidentiary FINRA hearing on Thrivent's request for, among other things, permanent injunctive relief."
b. On page 19 of the Order, the parties request that paragraph number 1 be amended to add a subsection (c) which states, "Nothing in this Order shall be construed to prohibit Hutchinson from advertising products or services to the general public at large, but Hutchinson cannot target such advertising to his former Thrivent clients, such as by name or by or through any Lutheran group or other Lutheran organization; provided, however, that Hutchinson may purchase a promotional table at the annual fundraiser for Heartland Lutheran High School."
c. On page 19 of the Order, the parties request that paragraph number 2 be amended to state: "This action is stayed pending the final evidentiary hearing to be held before FINRA regarding Thrivent's request for relief, which includes permanent injunctive relief."
d. On page 20 of the Order, the parties request that paragraph number 3 be amended to state: "The parties shall notify the Court of the results of the FINRA hearing to be held on Thrivent's request for permanent injunctive relief, or of any other earlier disposition that terminates the FINRA proceedings, such as settlement."
5. The parties do not seek any other amendment to the Order not identified herein, and the Order should otherwise remain unchanged.
SO ORDERED.
