Elvey v. TD Ameritrade, Inc. Featured Case

Plaintiff alleges that TD Ameritrade provided its accountholders\' private email addresses to spammers, which sent and continue to send unsolicited commercial email to private email addresses.

Defendant: TD Ameritrade, Inc.
Plaintiff: Matthew Elvey and Gadgetwiz.com, Inc.
3rd Party Plaintiff: Brad Zigler
 
Case Number: 3:2007cv02852
Filed: May 31, 2007
 
Court: California Northern District Court
Office: San Francisco Office
County: San Francisco
Presiding Judge: Bernard Zimmerman
 
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28:1332 Diversity-Fraud
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
June 29, 2007 10
CLERK'S NOTICE - Case Management Conference in reassigned case set for 9/18/2007 02:00 PM, Courtroom 11, 19th Floor, before Hon. Martin J. Jenkins. Joint Case Management Statement due by 9/11/2007. (epb, COURT STAFF) (Filed on 6/29/2007)
July 10, 2007 11
MOTION for Preliminary Injunction and for Class Certification filed by Matthew Elvey, Gadgetwiz.com, Inc.. Motion Hearing set for 8/14/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Declaration of Matthew Elvey# 2 Declaration of Joel Griffiths# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J)(Himmelfarb, Alan) (Filed on 7/10/2007)
July 11, 2007 12
NOTICE by Matthew Elvey, Gadgetwiz.com, Inc. re 11 MOTION for Preliminary Injunction and for Class Certification of Lodging Proposed Order (Himmelfarb, Alan) (Filed on 7/11/2007)
July 18, 2007 13
MOTION to Dismiss First Amended Complaint filed by TD Ameritrade, Inc.. Motion Hearing set for 8/28/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Attachment A)(Rubin, Lee) (Filed on 7/18/2007)
July 18, 2007 14
Proposed Order re 13 MOTION to Dismiss First Amended Complaint by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 7/18/2007)
July 20, 2007 15
STIPULATION AND [PROPOSED] ORDER RESETTING MOTION TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 7/20/2007)
July 26, 2007 16 Opinion or Order of the Court
ORDER re 15 Stipulation filed by TD Ameritrade, Inc. Motion re: Preliminary Injunction, Dismiss Hearing of 8/28/07 vacated and reset for 9/18/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. Oppos. to motion prelim. inj. due 8/23/07; oppos. to motion dismiss due 8/27/07; respective reply briefs due 9/4/07. Signed by Judge Martin J. Jenkins on 7/25/07. (epb, COURT STAFF) (Filed on 7/26/2007)
July 26, 2007 17
CLERK'S NOTICE - Case Management Conference set for 10/16/2007 02:00 PM, before Hon. Martin J. Jenkins, Courtroom 11, 19th Floor, San Franciscso. Joint Case Management Statement due by 10/9/2007. (epb, COURT STAFF) (Filed on 7/26/2007)
August 21, 2007 18
NOTICE by TD Ameritrade, Inc. Notice of Change of Firm Name (Gupta, Shirish) (Filed on 8/21/2007)
August 22, 2007 19
MOTION for Extension of Time to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed by TD Ameritrade, Inc.. Motion Hearing set for 9/18/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Rubin, Lee) (Filed on 8/22/2007)
May 31, 2007 1
CLASS ACTION COMPLAINT - [Summons Issued] against TD Ameritrade, Inc., [Filing Fee: $350.00, Receipt Number 34611006894]. Filed by Plaintiff Matthew Elvey. (tn, COURT STAFF) (Filed on 5/31/2007)
August 22, 2007 20
Declaration of LEE H. RUBIN in Support of 19 MOTION for Extension of Time to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed byTD Ameritrade, Inc.. (Related document(s)19) (Rubin, Lee) (Filed on 8/22/2007)
June 3, 2010 210 Opinion or Order of the Court ORDER CONTINUING SETTLEMENT CONFERENCE. Further Settlement Conference re-set for 7/12/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 06/03/10. (klh, COURT STAFF) (Filed on 6/3/2010)
August 23, 2010 215 Opinion or Order of the Court ORDER GRANTING re 214 Joint Request to Continue Settlement Conference filed by Richard Holober. Settlement Conference prev. set for 8/24/10 at 9:30 AM has bee re-set for 9/8/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 8/23/10.(klh, COURT STAFF) (Filed on 8/23/2010)
September 3, 2010 218 Opinion or Order of the Court ORDER, AS MODIFIED, SETTING TELEPHONIC STATUS CONFERNCE. Telephonic Status Conference set for 9/8/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Ms. Nelson shall establish a confernce call in number for all counsel and the Court. Signed by Judge Joseph C. Spero on 09/03/10. (klh, COURT STAFF) (Filed on 9/3/2010)
August 22, 2007 21
Proposed Order re 19 MOTION for Extension of Time to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/22/2007)
November 15, 2010 225 Opinion or Order of the Court ORDER REGARDING NOVEMBER 16, 2010 SETTLEMENT CONFERENCE. Signed by Judge Joseph C. Spero on 11/15/10. (klh, COURT STAFF) (Filed on 11/15/2010)
August 23, 2007 22
MEMORANDUM in Opposition re 19 MOTION for Extension of Time to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Related document(s)19) (Himmelfarb, Alan) (Filed on 8/23/2007)
August 23, 2007 23
DECLARATION of Ethan Preston and Matthew Elvey in Opposition to 22 Memorandum in Opposition, filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Related document(s)22) (Himmelfarb, Alan) (Filed on 8/23/2007)
January 28, 2011 246 Opinion or Order of the Court ORDER. Due to the pending retirement of the undersigned, the clerk is directed to re-assign this case. Signed by Judge Vaughn R Walker on 1/28/2011. (cgk, COURT STAFF) (Filed on 1/28/2011)
August 23, 2007 24
REPLY to Response to Motion re 19 MOTION for Extension of Time to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/23/2007)
August 23, 2007 25
Declaration of LEE H. RUBIN in Support of 24 Reply to Response to Motion filed byTD Ameritrade, Inc.. (Related document(s)24) (Rubin, Lee) (Filed on 8/23/2007)
August 23, 2007 26
Memorandum in Opposition re 11 MOTION for Preliminary Injunction and for Class Certification filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/23/2007)
August 23, 2007 27
Declaration of DAVID HALE in Support of 26 Memorandum in Opposition TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MOTION FOR CLASS CERTIFICATION filed byTD Ameritrade, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Related document(s)26) (Rubin, Lee) (Filed on 8/23/2007)
August 27, 2007 28
Memorandum in Opposition re 13 MOTION to Dismiss First Amended Complaint filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Himmelfarb, Alan) (Filed on 8/27/2007)
August 31, 2007 29
Proposed Order STIPULATED PROPOSED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/31/2007)
May 31, 2007 2
ADR SCHEDULING ORDER: Case Management Statement due 9/7/2007 & Initial Case Management Conference set for 9/14/2007 at 4:00 PM.. (Attachments: #(1) BZ Standing Order). (tn, COURT STAFF) (Filed on 5/31/2007) Additional attachment(s) added on 6/1/2007 (tn, COURT STAFF).
September 4, 2007 30
Reply Memorandum re 13 MOTION to Dismiss First Amended Complaint filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 9/4/2007)
September 4, 2007 31
Reply Memorandum re 11 MOTION for Preliminary Injunction and for Class Certification filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Attachments: # 1 Declaration of Ethan Preston)(Himmelfarb, Alan) (Filed on 9/4/2007)
September 5, 2007 32 Opinion or Order of the Court
STIPULATED PROTECTIVE ORDER - Signed by Judge Martin J. Jenkins on 9/4/07. (epb, COURT STAFF) (Filed on 9/5/2007)
September 10, 2007 33
STIPULATION and Proposed Order Continuing the Hearing Dates on Motions to Dismiss and for Preliminary Injunction by TD Ameritrade, Inc.. (Gupta, Shirish) (Filed on 9/10/2007)
September 12, 2007 34 Opinion or Order of the Court
ORDER re 33 Stipulation filed by TD Ameritrade, Inc. Signed by Judge Martin J. Jenkins on 9/11/07. (aaa, Court Staff) (Filed on 9/12/2007)
September 26, 2007 35 Opinion or Order of the Court
STIPULATION AND ORDER removing the hearing dates on the motions to dismiss and for preliminary injunction from the court calendar. Signed by Judge Martin J. Jenkins on 09/26/07. (rbe, COURT STAFF) (Filed on 9/26/2007)
October 3, 2007 37 Opinion or Order of the Court
ORDER by Judge Martin J. Jenkins granting [36] Motion for Pro Hac Vice of Ethan Preston. (rbe, COURT STAFF) (Filed on 10/3/2007)
October 9, 2007 38
STIPULATION [Proposed] Order Continuing Case Management Conference by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 10/9/2007)
October 11, 2007 39 Opinion or Order of the Court
STIPULATION AND ORDER continuing the Case Management Conference to 12/4/2007 at 02:00 PM. Signed by Judge Martin J. Jenkins on 10/11/07. (rbe, COURT STAFF) (Filed on 10/11/2007)
June 5, 2007 3
"AMENDED" ADR SCHEDULING ORDER: Case Management Statement due 9/10/2007 & Initial Case Management Conference set for 9/17/2007 at 4:00 PM.. (Attachments: #(1) BZ Standing Order). (tn, COURT STAFF) (Filed on 6/5/2007) Additional attachment(s) added on 6/6/2007 (tn, COURT STAFF).
November 6, 2007 40
Third Party MOTION to Relate Case filed by Brad Zigler. (Parisi, David) (Filed on 11/6/2007)
November 12, 2007 41
*** FILED IN WRONG CASE. NO NEW DOCUMENT. ***
Proposed Order Continuing Hearing Date on Motions to Dismiss and for Preliminary Injunction by TD Ameritrade, Inc.. (Gupta, Shirish) (Filed on 11/12/2007) Modified on 11/13/2007 (ewn, COURT STAFF).
November 14, 2007 42
ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 11/14/2007)
June 6, 2007 4
SERVICE OF SUMMONS Returned Executed Filed by Plaintiff Matthew Elvey Upon Defendant TD Ameritrade, Inc., Served Personally to CSC Corp-Rhonda McCarty, Person authorized to accept service of process on 6/1/2007. (tn, COURT STAFF) (Filed on 6/6/2007)
June 20, 2007 5
STIPULATION TO FILE AN AMENDED COMPLAINT by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 6/20/2007)
June 26, 2007 6
Declination to Proceed Before a U.S. Magistrate Judge by TD Ameritrade, Inc. AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE. (Rubin, Lee) (Filed on 6/26/2007)
June 27, 2007 7
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, COURT STAFF) (Filed on 6/27/2007)
June 28, 2007 8 Opinion or Order of the Court
ORDER REASSIGNING CASE. Case reassigned to Judge Martin J. Jenkins for all further proceedings. Judge Bernard Zimmerman no longer assigned to the case. Signed by Executive Committee on 06/28/07. (mab, COURT STAFF) (Filed on 6/28/2007)
May 1, 2009 93 Opinion or Order of the Court ORDER GRANTING preliminary approval of the proposed settlement (vrwlc2, COURT STAFF) (Filed on 5/1/2009)
June 28, 2007 9
AMENDED COMPLAINT against all defendants. Filed byGadgetwiz.com, Inc., Matthew Elvey. (Himmelfarb, Alan) (Filed on 6/28/2007)

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Defendant: TD Ameritrade, Inc.
Represented By: Shirish Gupta
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Plaintiff: Matthew Elvey
Represented By: Ethan Mark Preston
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Plaintiff: Gadgetwiz.com, Inc.
Represented By: Alan Himmelfarb
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3rd party plaintiff: Brad Zigler
Represented By: David Christopher Parisi
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