Elvey v. TD Ameritrade, Inc. Featured Case Has Decisions

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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.
Plaintiffs: Matthew Elvey and Gadgetwiz.com, Inc.
Defendant: TD Ameritrade, 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: Magistrate Judge Bernard Zimmerman
 
Nature of Suit: Torts - Property - Other Fraud
Cause: 28:1332 Diversity-Fraud
Jurisdiction: Diversity
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
January 28, 2011246Court Opinion or Order 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)
November 15, 2010225Court Opinion or Order 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)
September 3, 2010218Court Opinion or Order 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 23, 2010215Court Opinion or Order 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)
June 3, 2010210Court Opinion or Order 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)
May 1, 200993Court Opinion or Order ORDER GRANTING preliminary approval of the proposed settlement (vrwlc2, COURT STAFF) (Filed on 5/1/2009)
November 14, 200742ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 11/14/2007)
November 12, 200741*** 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 6, 200740Third Party MOTION to Relate Case filed by Brad Zigler. (Parisi, David) (Filed on 11/6/2007)
October 11, 200739Court Opinion or Order 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)
October 9, 200738STIPULATION [Proposed] Order Continuing Case Management Conference by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 10/9/2007)
October 3, 200737Court Opinion or Order ORDER by Judge Martin J. Jenkins granting [36] Motion for Pro Hac Vice of Ethan Preston. (rbe, COURT STAFF) (Filed on 10/3/2007)
September 26, 200735Court Opinion or Order 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)
September 12, 200734Court Opinion or Order 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 10, 200733STIPULATION 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 5, 200732Court Opinion or Order STIPULATED PROTECTIVE ORDER - Signed by Judge Martin J. Jenkins on 9/4/07. (epb, COURT STAFF) (Filed on 9/5/2007)
September 4, 200731Reply 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 4, 200730Reply Memorandum re 13 MOTION to Dismiss First Amended Complaint filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 9/4/2007)
August 31, 200729Proposed Order STIPULATED PROPOSED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/31/2007)
August 27, 200728Memorandum in Opposition re 13 MOTION to Dismiss First Amended Complaint filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Himmelfarb, Alan) (Filed on 8/27/2007)
August 23, 200727Declaration 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 23, 200726Memorandum 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, 200725Declaration 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, 200724REPLY 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, 200723DECLARATION 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)
August 23, 200722MEMORANDUM 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 22, 200721Proposed 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)
August 22, 200720Declaration 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)
August 22, 200719MOTION 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)
August 21, 200718NOTICE by TD Ameritrade, Inc. Notice of Change of Firm Name (Gupta, Shirish) (Filed on 8/21/2007)
July 26, 200717CLERK'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)
July 26, 200716Court Opinion or Order 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 20, 200715STIPULATION AND [PROPOSED] ORDER RESETTING MOTION TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 7/20/2007)
July 18, 200714Proposed Order re 13 MOTION to Dismiss First Amended Complaint by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 7/18/2007)
July 18, 200713MOTION 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 11, 200712NOTICE 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 10, 200711MOTION 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)
June 29, 200710CLERK'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)
June 28, 20079AMENDED COMPLAINT against all defendants. Filed byGadgetwiz.com, Inc., Matthew Elvey. (Himmelfarb, Alan) (Filed on 6/28/2007)
June 28, 20078Court Opinion or Order 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)
June 27, 20077CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, COURT STAFF) (Filed on 6/27/2007)
June 26, 20076Declination 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 20, 20075STIPULATION TO FILE AN AMENDED COMPLAINT by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 6/20/2007)
June 6, 20074SERVICE 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 5, 20073"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).
May 31, 20072ADR 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).
May 31, 20071CLASS 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)
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Plaintiff: Matthew Elvey
Represented By: Alan Himmelfarb, Scott A Kamber and Ethan Mark Preston
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Plaintiff: Gadgetwiz.com, Inc.
Represented By: Alan Himmelfarb and Ethan Mark Preston
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Defendant: TD Ameritrade, Inc.
Represented By: Shirish Gupta and Lee H. Rubin
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3rd Party Plaintiff: Brad Zigler
Represented By: David Christopher Parisi
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