Consolidated
Lead case: 1:21-md-02989

Florida Southern District Court
Judge:Cecilia M Altonaga
Case #: 1:21-cv-21340
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Contract Dispute
Case Filed:Apr 07, 2021
Terminated:Apr 08, 2021
Case in other court:California Northern, 4:21-cv-00829
Last checked: Monday Oct 04, 2021 4:46 AM EDT
Defendant
Charles Schwab & Co. Inc.
211 Main Street
San Francisco, CA 94105
Defendant
Charles Schwab Corporation
Defendant
Citadel Enterprise Americas, LLC
Defendant
E*Trade Financial Corporation
Represented By
Gina M. Cora
Davis Polk And Wardwell LLP
contact info
Neal Alan Potischman
Davis Polk & Wardwell LLP
contact info
Janet Jones-Duffey
Davis Polk And Wardwell LLP
contact info
Brian S. Weinstein
Davis Polk And Wardwell LLP
contact info
Defendant
Interactive Brokers, LLC
Defendant
Melvin Capital Management, LP
Defendant
Robinhood Financial LLC
Represented By
Carl Brandon Wisoff
Farella Braun & Martel LLP
contact info
Defendant
Robinhood Markets, Inc.
Represented By
Carl Brandon Wisoff
Farella Braun & Martel LLP
contact info
Defendant
Robinhood Securities LLC
Represented By
Carl Brandon Wisoff
Farella Braun & Martel LLP
contact info
Defendant
TD Ameritrade, Inc.
Defendant
Webull Financial, LLC
Plaintiff
Elvia Curiel-Ruth
Represented By
Kurt Kessler
Audet & Partners LLP
contact info
Kurt David Kessler
Audet & Partners LLP
contact info
William M. Audet
Audet & Partners, LLP
contact info


Docket last updated: 10 hours ago
Thursday, April 08, 2021
36 36 order Administrative Order Thu 04/08 2:26 PM
THIRD ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. Signed by Judge Cecilia M. Altonaga on 4/8/2021. See attached document for full details. (mc)
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Wednesday, April 07, 2021
35 35 MDL Transfer In Case Receipt from Northern District of California. Case Number 4:21-cv-00829 with documents 1-32. Assigned FLSD Case Number 1:21-cv-21340-CMA on 4/7/2021. Re: FLSD MDL Case Number 1:21-md-02989-CMA. (mc)
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34 34 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. (mc)
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33 33 transfer Case Transferred In - District Transfer - CV - NO FEE Wed 04/07 2:36 PM
Case transferred in from California Northern; Case Number 4:21-cv-00829. Electronic file including transfer order and docket sheet received. .(mc)
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order Clerk's Notice of Judge Assignment and Optional Consent Wed 04/07 2:37 PM
Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. (mc)
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transfer MDL Tag-Along/Transfer In Case Receipt Wed 04/07 2:49 PM
MDL Transfer In Case Receipt from Northern District of California. Case Number 4:21-cv-00829 with documents 1-32. Assigned FLSD Case Number 1:21-cv-21340-CMA on 4/7/2021. Re: FLSD MDL Case Number 1:21-md-02989-CMA. (mc)
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Friday, April 02, 2021
32 32 MDL TRANSFER ORDER NO. 2989: Transferring case to the U.S.District Court, Southern District of Florida (Miami). Signed by The Judicial Panel onMultidistrict Litigation, on 04/02/2021.(jlmS, COURT STAFF)
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Att: 1 MDL Clerk's Letter re Transmission of Cases Pursuant to MDL No. 2989
Case electronically transferred to the U.S. District Court, Southern District of Florida (Miami). Counsel notified. (jlmS, COURT STAFF)
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Monday, March 22, 2021
31 31 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Notice is hereby given that a Case Management Conference has been set for May 18, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by May 11th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) Modified on 3/22/2021 to remove location(ndrS, COURT STAFF).
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Thursday, March 11, 2021
30 30 Certificate of Interested Entities by Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities LLC identifying Corporate Parent Robinhood Markets, Inc., Other Affiliate Index Ventures, Other Affiliate Robinhood Financial LLC, Other Affiliate Robinhood Securities, LLC, Other Affiliate Baiju Bhatt, Other Affiliate Vladimir Tenev for Robinhood Markets, Inc.. (Wisoff, Carl)
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Wednesday, March 10, 2021
29 29 STIPULATION to Extend Deadline to Move or Otherwise Respond to Plaintiff's Complaint filed by Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities LLC, Elvia Curiel-Ruth, and Melvin Capital Management LP. (Wisoff, Carl) Modified on 3/11/2021 (bnsS, COURT STAFF).
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28 28 NOTICE of Appearance by Eric D. Monek Anderson (Monek Anderson, Eric)
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27 27 NOTICE of Appearance by Carl Brandon Wisoff (Wisoff, Carl)
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26 26 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 03/10/2021. (mbcS, COURT STAFF)
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25 25 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF)
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Monday, March 08, 2021
24 24 ORDER RELATING CASES. The parties agree that the cases should be related. (ECF Nos. 9, 14.) The cases are related because they concern substantially the same parties, property, transaction or event, and it appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. Civ. L. R. 3-12(a). The attached order relates the cases. There is also the issue of consent: the court needs consent from all parties before it can address the cases on their merits. Williams v. King, 875 F.3d 500, 50305 (9th Cir. 2017). There have been declinations in some of the related cases, and they have been reassigned to district judges. The defendants in those cases have the option of consenting to the magistrate jurisdiction. N.D. Cal. Gen. Order 44(E)(4); N.D. Cal. Local R. 73-1(b). The plaintiff here has not consented either. The court asks the parties to confer on the issue of consent in three business days. Any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The effect of this related-case order will be that the case will be reassigned absent consent of the parties to the undersigneds jurisdiction. The court also apologizes for the late response to the motion: it did not hit the court's radar until relatively recently, and it took some time to look at the related cases. Signed by Judge Laurel Beeler on 03/05/2021. (ejkS, COURT STAFF)
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Case Reassigned to Magistrate Judge Laurel Beeler. Judge Haywood S Gilliam, Jr no longer assigned to the case. Related Case. (mbcS, COURT STAFF)
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Friday, March 05, 2021
23 23 ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 Motion for Pro Hac Vice for Janet Jones-Duffey. (ndrS, COURT STAFF)
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22 22 ORDER by Judge Haywood S. Gilliam, Jr. Granting 19 Motion for Pro Hac Vice for Gina Cora. (ndrS, COURT STAFF)
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21 21 ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Motion for Pro Hac Vice for Brian Weinstein. (ndrS, COURT STAFF)
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Monday, March 01, 2021
20 20 MOTION for leave to appear in Pro Hac Vice for Janet Jones-Duffey ( Filing fee $ 317, receipt number 0971-15638663.) filed by ETrade Financial Corporation. (Jones-Duffey, Janet) Modified on 3/2/2021 (bnsS, COURT STAFF).
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19 19 MOTION for leave to appear in Pro Hac Vice for Gina Cora ( Filing fee $ 317, receipt number 0971-15638589.) filed by ETrade Financial Corporation. (Cora, Gina) Modified on 3/2/2021 (bnsS, COURT STAFF).
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18 18 MOTION for leave to appear in Pro Hac Vice for Brian Weinstein ( Filing fee $ 317, receipt number 0971-15638545.) filed by ETrade Financial Corporation. (Weinstein, Brian) Modified on 3/2/2021 (bnsS, COURT STAFF).
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17 17 Certificate of Interested Entities by ETrade Financial Corporation identifying Corporate Parent Morgan Stanley Capital Management LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley, Other Affiliate Mitsubishi UFJ Financial Group, Inc., Other Affiliate E*TRADE Financial Holdings, LLC, Other Affiliate E*TRADE Financial, LLC for. (Potischman, Neal)
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16 16 Rule 7.1 Disclosures by ETrade Financial Corporation identifying Corporate Parent Morgan Stanley Capital Management LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley, Other Affiliate E*TRADE Financial Holdings, LLC, Other Affiliate Mitsubishi UFJ Financial Group, Inc. 7-1 Marunouchi 2-chome, Chiyoda-ku, Tokyo 100-8330, Other Affiliate E*TRADE Financial, LLC for. (Potischman, Neal)
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15 15 NOTICE of Appearance by Neal Alan Potischman (Potischman, Neal)
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Friday, February 26, 2021
14 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 4, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by April 27th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-00829-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF)
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13 13 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Judge William H. Orrick no longer assigned to case,. Signed by The Clerk on 2/26/21. (haS, COURT STAFF)
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Thursday, February 25, 2021
12 12 ORDER OF RECUSAL. Signed by Judge William H. Orrick on 2/25/2021. (jmdS, COURT STAFF)
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Friday, February 19, 2021
11 11 CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 5/4/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 4/27/2021. Signed by Judge William H. Orrick on 02/19/2021. (jmdS, COURT STAFF)
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Thursday, February 18, 2021
10 10 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 2/18/21.(haS, COURT STAFF)
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Att: 1 Notice of Eligibility for Video Recording
Wednesday, February 17, 2021
9 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF)
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Tuesday, February 16, 2021
8 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elvia Curiel-Ruth.. (Kessler, Kurt)
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Tuesday, February 09, 2021
7 7 WAIVER OF SERVICE Returned Executed filed by Elvia Curiel-Ruth. Service waived by Citadel Enterprise Americas, LLC waiver sent on 2/8/2021, answer due 4/9/2021. (Audet, William)
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Wednesday, February 03, 2021
6 6 WAIVER OF SERVICE Returned Executed filed by Elvia Curiel-Ruth. Service waived by Robinhood Financial LLC waiver sent on 2/3/2021, answer due 4/5/2021; Robinhood Markets, Inc. waiver sent on 2/3/2021, answer due 4/5/2021; Robinhood Securities LLC waiver sent on 2/3/2021, answer due 4/5/2021. (Audet, William)
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5 5 Summons Issued as to All Defendants. (msrS, COURT STAFF)
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4 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/29/2021. Initial Case Management Conference set for 5/6/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor.(msrS, COURT STAFF)
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Att: 1 Standing Order,
Att: 2 Standing Order
Tuesday, February 02, 2021
3 3 Proposed Summons. (Audet, William)
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2 2 Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/16/2021. (haS, COURT STAFF)
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1 1 COMPLAINT (1) Violation Of Section 1 Of The Sherman Act; (2) Violation Of Section 2 Of The Sherman Act; (3) Restraint of Trade Violation Of The Cartwright Act; (4) Attempted Monopolization In Violation Of The Cartwright Act; (5) Breach Of Contract; (6) Breach Of Implied Covenant Of Good Faith And Fair Dealing; (7) Negligence Per Se; (8) Negligence; (9) Breach Of Fiduciary Duty; (10) Constructive Fraud; and (11) Violation Of Californias Unfair Competition Law against Charles Schwab & Co., Inc., Charles Schwab Corporation, Citadel Enterprise Americas, LLC, ETrade Financial Corporation, Interactive Brokers LLC, Melvin Capital Management LP, Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities LLC, TD Ameritrade, Inc., WeBull Financial LLC ( Filing fee $ 402, receipt number 0971-15524704.). Filed byElvia Curiel-Ruth.(Audet, William)
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Att: 1 Civil Cover Sheet