Holland v. TD Ameritrade, Inc.
Plaintiff: Scott Holland
Defendant: TD Ameritrade, Inc.
Case Number: 2:2010cv02110
Filed: August 5, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Siskiyou
Presiding Judge: Craig M. Kellison
Presiding Judge: Garland E. Burrell
Nature of Suit: Racketeer Influenced and Corrupt Organizations
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
February 22, 2012 Opinion or Order 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)
May 24, 2011 Opinion or Order 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)
March 7, 2011 Opinion or Order 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)
February 1, 2011 Opinion or Order 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)
January 4, 2011 Opinion or Order 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)
December 16, 2010 Opinion or Order 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)
November 24, 2010 Opinion or Order 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)
November 19, 2010 Opinion or Order 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)
October 21, 2010 Opinion or Order 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)
October 14, 2010 Opinion or Order 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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