Clapp et al v. Ally Financial Inc. et al
Consolidated
Lead case: 1:21-md-02989
Lead case: 1:21-md-02989
| Florida Southern District Court | |
| Judge: | Cecilia M Altonaga |
| Case #: | 1:21-cv-21441 |
| Nature of Suit | 410 Other Statutes - Antitrust |
| Cause | 15:0015 Antitrust Litigation |
| Case Filed: | Apr 15, 2021 |
| Terminated: | Apr 16, 2021 |
| Case in other court: | California Northern, 4:21-cv-00896 |
| Last checked: Tuesday Oct 12, 2021 5:22 AM EDT |
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Defendant
Square Inc.
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Defendant
M1 Finance, LLC
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Defendant
Melvin Capital Management, LP
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Defendant
Morgan Stanley Smith Barney LLC
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Defendant
Open to the Public Investing, Inc.
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Defendant
Robinhood Financial LLC
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Represented By
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Defendant
Robinhood Markets, Inc.
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Represented By
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Defendant
Robinhood Securities, LLC
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Represented By
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Defendant
Sequoia Capital Operations LLC
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Defendant
Interactive Brokers, LLC
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Defendant
Stash Financial, Inc.
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Defendant
TD Ameritrade, Inc.
Baritz & Colman LLP 1075 Broken Sound Parkway NW Suite 102
Boca Raton, FL 33487 |
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Defendant
Tastyworks, Inc.
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Defendant
The Charles Schwab Corporation
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Defendant
The Depository Trust & Clearing Corporation
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Represented By
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Defendant
Trading 212 Ltd.
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Defendant
eToro USA Securities, Inc.
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Defendant
Dough LLC
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Defendant
APEX CLEARING CORPORATION
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Represented By
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Defendant
Ally Financial Inc.
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Defendant
Alpaca Securities LLC
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Defendant
Cash App Investing LLC
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Defendant
Charles Schwab & Co. Inc.
211 Main Street
San Francisco, CA 94105 |
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Defendant
Citadel Enterprise Americas, LLC
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Defendant
Citadel Securities, LLC
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Defendant
IG Group Holdings PLC
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Defendant
E*TRADE Financial Holdings, LLC
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Defendant
E*Trade Financial Corporation
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Defendant
E*Trade Securities LLC
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Defendant
FF Trade Republic Growth, LLC
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Defendant
Freetrade, Ltd.
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Defendant
Fumi Holdings, Inc.
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Plaintiff
Sabrina Clapp
415 Brookhill Lane
Paducah, KY 42001 |
Represented By
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Plaintiff
Denise Redfield
1050 North Hancock St.
Philadelphia, PA 19123 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Barclays Bank P.L.C.
Terminated: 05/27/2021
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| Docket last updated: 10 hours ago |
| Thursday, May 27, 2021 | ||
| 43 | 43
order
MDL Order Dismissing Party
Thu 05/27 3:10 PM
ORDER that Defendant Barclays Bank PLC is dismissed from this action without prejudice re (318 in case 1:21-md-02989-CMA) Notice of Voluntary Dismissal. Signed by Judge Cecilia M. Altonaga on 5/27/2021. Related Cases: 1:21-md-02989-CMA, 1:21-cv-21441-CMA. See attached document for full details. (mc) |
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| Friday, April 16, 2021 | ||
| 42 | 42
order
Administrative Order
Fri 04/16 3:49 PM
SEVENTH ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. Signed by Judge Cecilia M. Altonaga on 4/16/2021. See attached document for full details. (mc) |
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| Thursday, April 15, 2021 | ||
| 40 | 40 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. (mc) | |
| 39 | 39
transfer
Case Transferred In - District Transfer - CV - NO FEE
Thu 04/15 8:39 AM
Case transferred in from California Northern; Case Number 4:21-cv-00896. Electronic file including transfer order and docket sheet received. .(mc) |
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order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 04/15 8:41 AM
Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. (mc) |
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transfer
MDL Tag-Along/Transfer In Case Receipt
Thu 04/15 4:28 PM
MDL Transfer In Case Receipt from Northern District of California. Case Number 4:21-cv-00896 with documents 1-38. Assigned FLSD Case Number 1:21-cv-21441-CMA on 4/15/2021. Re: FLSD MDL Case Number 1:21-md-02989-CMA. (mc) |
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| Tuesday, April 13, 2021 | ||
| 38 | 38
MDL TRANSFER ORDER NO. 2989 AND CONDITIONAL TRANSFER ORDER (CTO-1): Transferring case to the U.S. District Court, Southern District of Florida (Miami). Signed by The Judicial Panel onMultidistrict Litigation, on 04/13/21)(jlmS, COURT STAFF)
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Att: 1
MDL Clerk's Letter re Transmission of Cases Pursuant to MDL No. 2989: CTO-1
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| Friday, April 02, 2021 | ||
| 37 | 37
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
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| Case electronically transferred to the U.S. District Court, Southern District of Florida (Miami). Counsel notified. (jlmS, COURT STAFF) | ||
| Wednesday, March 31, 2021 | ||
| 36 | 36
ORDER by Judge Haywood S. Gilliam, Jr. Granting 31 Motion for Pro Hac Vice as to Boyle, Gregory. (ndrS, COURT STAFF)
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| Monday, March 22, 2021 | ||
| 35 | 35 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). | |
| Thursday, March 11, 2021 | ||
| 34 | 34
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 | ||
| 33 | 33
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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| 32 | 32 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) | |
| Tuesday, March 09, 2021 | ||
| 31 | 31
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15674841.) filed by The Depository Trust & Clearing Corporation.(Boyle, Gregory)
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Att: 1
Certificate of Good Standing
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| 30 | 30
NOTICE of Appearance by Brian Hauck (Hauck, Brian)
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| Monday, March 08, 2021 | ||
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NOTICE of Appearance by Eric D. Monek Anderson (Monek Anderson, Eric)
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| 28 | 28
STIPULATION (JOINT) STIPULATION TO EXTEND DEADLINE TO MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT filed by Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities, LLC. (Wisoff, Carl)
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| 27 | 27
NOTICE of Appearance by Carl Brandon Wisoff (Wisoff, Carl)
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| 26 | 26
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 Vince Chhabria no longer assigned to the case. (asS, COURT STAFF) | ||
| Friday, March 05, 2021 | ||
| 25 | 25
Certificate of Interested Entities by APEX CLEARING CORPORATION identifying Corporate Parent Apex Clearing Holdings LLC, Corporate Parent PEAK6 Investments LLC for APEX CLEARING CORPORATION. (Burke, Heather)
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Corporate Disclosure Statement by APEX CLEARING CORPORATION identifying Corporate Parent Apex Clearing Holdings LLC, Corporate Parent PEAK6 Investments LLC for APEX CLEARING CORPORATION. (Burke, Heather)
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| Friday, February 26, 2021 | ||
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WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by The Depository Trust & Clearing Corporation waiver sent on 2/26/2021, answer due 4/27/2021. (Lechtzin, Eric)
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| Wednesday, February 17, 2021 | ||
| 22 | 22 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 4/28/2021. Initial Case Management Conference set for 5/5/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, April 29, 2021, by no later than 10:00 a.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] .< /p> (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) | |
| Tuesday, February 16, 2021 | ||
| 21 | 21
WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by APEX CLEARING CORPORATION waiver sent on 2/16/2021, answer due 4/19/2021. (Lechtzin, Eric)
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| 20 | 20
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Joseph C. Spero 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 Clerk on 2/16/21.(asS, COURT STAFF)
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Att: 1
Notice of Eligibility for Video Recording
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| Friday, February 12, 2021 | ||
| 19 | 19 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. (klhS, COURT STAFF) | |
| 18 | 18
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sabrina Clapp, Denise Redfield.. (Lechtzin, Eric)
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| Thursday, February 11, 2021 | ||
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ORDER signed 2/11/2021 by Chief Magistrate Judge Joseph C. Spero granting 14 Motion for Pro Hac Vice - Gant. (klhS, COURT STAFF)
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ORDER signed 2/11/2021 by Chief Magistrate Judge Joseph C. Spero granting 13 Motion for Pro Hac Vice - Pace. (klhS, COURT STAFF)
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Order, signed 2/11/2021 by Chief Magistrate Judge Joseph C. Spero granting 12 Motion for Pro Hac Vice - Gidley.(klhS, COURT STAFF)
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| Tuesday, February 09, 2021 | ||
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MOTION for leave to appear in Pro Hac Vice for Bryan Daniel Gant ( Filing fee $ 317, receipt number 0971-15555664.) filed by APEX CLEARING CORPORATION.(Burke, Heather)
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Att: 1
Certificate of Good Standing
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| 13 | 13
MOTION for leave to appear in Pro Hac Vice for Jack Edward Pace ( Filing fee $ 317, receipt number 0971-15555656.) filed by APEX CLEARING CORPORATION.(Burke, Heather)
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Att: 1
Certificate of Good Standing
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| 12 | 12
MOTION for leave to appear in Pro Hac Vice for J. Mark Gidley ( Filing fee $ 317, receipt number 0971-15555626.) filed by APEX CLEARING CORPORATION.(Burke, Heather)
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Att: 1
Certificate of Good Standing
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| 11 | 11
NOTICE of Appearance by Heather Marie Burke on behalf of Apex Clearing Corp (Burke, Heather)
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| 10 | 10
WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Citadel Securities LLC waiver sent on 2/9/2021, answer due 4/12/2021. (Lechtzin, Eric)
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| 9 | 9
WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Citadel Enterprise Americas, LLC waiver sent on 2/9/2021, answer due 4/12/2021. (Lechtzin, Eric)
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| Thursday, February 04, 2021 | ||
| 8 | 8
WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Robinhood Securities, LLC waiver sent on 2/4/2021, answer due 4/5/2021. (Lechtzin, Eric)
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| 7 | 7
WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Robinhood Markets, Inc. waiver sent on 2/4/2021, answer due 4/5/2021. (Lechtzin, Eric)
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| 6 | 6
WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Robinhood Financial LLC waiver sent on 2/4/2021, answer due 4/5/2021. (Lechtzin, Eric)
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| 5 | 5
Summons Issued as to APEX CLEARING CORPORATION, Ally Financial Inc., Alpaca Securities LLC, Barclays Bank PLC, Cash App Investing LLC, Charles Schwab & Co. Inc., Citadel Enterprise Americas, LLC, Citadel Securities LLC, Dough LLC, ETRADE Financial Holdings, LLC, ETrade Financial Corporation, ETrade Securities LLC, FF Trade Republic Growth, LLC, Freetrade, Ltd., Fumi Holdings, Inc., IG Group Holdings PLC, Interactive Brokers LLC, M1 Finance, LLC, Melvin Capital Management LP, Morgan Stanley Smith Barney LLC, Open to the Public Investing, Inc., Denise Redfield, Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities, LLC, Sequoia Capital Operations LLC, Square Inc., Stash Financial, Inc., TD Ameritrade, Inc., Tastyworks, Inc., The Charles Schwab Corporation, The Depository Trust & Clearing Corporation, Trading 212 Ltd., eToro USA Securities, Inc.. (fabS, COURT STAFF)
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| 4 | 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/30/2021. Initial Case Management Conference set for 5/7/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (fabS, COURT STAFF)
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| 3 | 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 2/18/2021. (mbcS, COURT STAFF) | |
| 2 | 2
Proposed Summons.(Lechtzin, Eric)
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Att: 1
Appendix A
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| 1 | 1
COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15535423.). Filed byDenise Redfield, Sabrina Clapp.(Lechtzin, Eric)
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Att: 1
Civil Cover Sheet
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