Holland v. TD Ameritrade, Inc.
| Scott Holland |
| TD Ameritrade, Inc. |
| 2:2010cv02110 |
| August 5, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Siskiyou |
| Craig M. Kellison |
| Garland E. Burrell |
| Racketeer Influenced and Corrupt Organizations |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
59
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 2/21/12; Plaintiff's amended complaint remains full of conclusory statements, and lacks factual support for his claims. He failed to heed the court's prior warning that he must plead fraud with particularity. He fails to cure the defects in his claims, for which he was provided specific information. As he was provided an opportunity to amend once, and has been unable to meet the pleading standard, no further l eave to amend should be granted. As for plaintiff's motion for factual findings (Doc. 58), that motion should be granted to the extent these findings and recommendations set forth a reasoned opinion as to why defendant's motion to dismiss s hould be granted. Based on the foregoing, the undersigned recommends that defendant's motion to dismiss (Doc. 50) be granted without further leave to amend. These findings and recommendations are submitted to the United States District Judge ass igned to the case, pursuant to the provisions of 28 U.S.C. § 636(b) (l). Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. Responses to objections shall be filed within 14 days after service of objections. Failure to file objections within the specified time may waive the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).(Matson, R)
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Filing
55
ORDER signed by Magistrate Judge Craig M. Kellison on 5/23/11, ORDERING that the hearing on defendant's motion to dismiss 50 is RESET for 6/23/2011 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Kastilahn, A)
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Filing
48
ORDER signed by Magistrate Judge Craig M. Kellison on 3/3/11, ORDERING that 43 pltf's motion to stay is DENIED as moot. Pltf's 45 motion for an extension of time to file an amended complaint is GRANTED. Pltf shall file an amended complaint, ON or BEFORE 4/18/11. Pltf's 46 request to conduct discovery prior to the case being at issue is DENIED. (Kastilahn, A)
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Filing
42
ORDER signed by Judge Garland E. Burrell, Jr on 1/31/2011 ORDERING that The 36 findings and recommendations filed January 4, 2011, are adopted in full. Defendant's 14 motion to dismiss is GRANTED. Plaintiff is granted limited leave to file an amended complaint in order to cure the pleading defects in his fraud and CLRA claims only. Plaintiff shall file an amended complaint within 30 days of the date of this order. Plaintiff's 39 motion to continue the hearing on the motion to dismiss is DENIED as moot. (Duong, D)
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Filing
36
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 1/3/2011 RECOMMENDING 15 that defendants motion to dismiss be granted with limited leave to amend; objections due 14 days after being served with these F & R's; Referred to Judge Garland E. Burrell, Jr. (Reader, L)
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Filing
34
ORDER signed by Magistrate Judge Craig M. Kellison on 12/15/2010 ORDERING the Clerk is directed to strike the Declaration of Lois O. Rosenbaum (Doc. 17); and the Clerk is further directed to restrict public access to the declaration.(Matson, R)
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Filing
28
ORDER signed by Magistrate Judge Craig M. Kellison on 11/23/2010. Defendants' 15 Motion to Dismiss Hearing and Initial Scheduling Conference are CONTINUED to 12/10/2010 at 1:00 PM in Courtroom 10 (GEB). (Marciel, M)
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Filing
27
ORDER signed by Magistrate Judge Craig M. Kellison on 11/18/10: HEARING as to 26 Motion for Recusal RESET for 12/15/2010 at 09:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. HEARING as to 15 Motion to Dismiss RESET for 12/16/2010 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Kaminski, H)
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Filing
24
STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 10/20/10: HEARING as to 15 Motion to Dismiss RESET for 12/2/2010 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Kaminski, H)
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Filing
22
ORDER signed by Magistrate Judge Craig M. Kellison on 10/14/10 ORDERING that the hearing on Defendant's MOTION to DISMISS 15 currently set for 10/28/10, is CONTINUED to 11/18/2010 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Mena-Sanchez, L)
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| Defendant: TD Ameritrade, Inc. | |
| Represented By: | Craig A. Carnes, Jr. |
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| Plaintiff: Scott Holland | |
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