Whitesides et al v. E*Trade Securities, LLC et al
| Matthew Cheung, Aziz Si Hadj Mohand and Benjamin Whitesides |
| E*Trade Securities, LLC and E*Trade Futures, LLC |
| 3:2020cv05803 |
| August 18, 2020 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 40 Transcript of Zoom Video Conference Proceedings held on 6-17-2021, before Judge Jacqueline Scott Corley. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #37 Transcript Order ) Release of Transcript Restriction set for 10/12/2021. (Related documents(s) #37 ) (Pas, Debra) (Filed on 7/12/2021) |
| Filing 39 JUDGMENT. Signed by Magistrate Judge Jacqueline Scott Corley on 6/25/2021. (ahm, COURT STAFF) (Filed on 6/25/2021) |
Filing 38
ORDER by Magistrate Judge Jacqueline Scott Corley granting #29 Motion to Dismiss. (ahm, COURT STAFF) (Filed on 6/24/2021)
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| Filing 37 TRANSCRIPT ORDER for proceedings held on 06/17/2021 before Magistrate Judge Jacqueline Scott Corley by ETrade Futures, LLC, ETrade Securities, LLC, for Court Reporter Debra Pas. (Garrett, Stacey) (Filed on 6/17/2021) |
| Filing 36 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held by Zoom videoconference on June 17, 2021 re #29 Defendants' Motion to Dismiss. The motion was argued, submitted, and taken under submission. (Court Reporter: Debra Pas)(Time 00:22)Attorneys for Plaintiffs: Christopher Noyes/Omar H. Bengali Attorneys for Defendants: Stacey Garrett/Stephen Young (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 6/17/2021) |
| Filing 35 REPLY (re #29 MOTION to Dismiss Second Amended Complaint or in the alternative, Motion to Strike, ) filed byETrade Futures, LLC, ETrade Securities, LLC. (Attachments: #1 Response to Plaintiffs' Objections to Request for Judicial Notice and Declarations of James Reilly and Erik J. Renga in Support of Motion to Dismiss Second Amended Complaint or, in the Alternative, Motion to Strike)(Garrett, Stacey) (Filed on 5/25/2021) |
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Filing 34
ORDER by Magistrate Judge Jacqueline Scott Corley granting #33 Stipulation ENLARGING TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT. (ahm, COURT STAFF) (Filed on 5/14/2021)
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| Filing 33 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by ETrade Futures, LLC, ETrade Securities, LLC. (Garrett, Stacey) (Filed on 5/13/2021) |
| Filing 32 CLERK'S NOTICE CONTINUING MOTION HEARING BY ZOOM. Please take notice the hearing on Defendants' Motion to Dismiss #29 set for June 3, 2021 is continued to June 17, 2021 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. The proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on June 16, 2021.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: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 5/10/2021) Modified on 5/10/2021 (ahm, COURT STAFF). |
| Filing 31 OPPOSITION/RESPONSE to (re #29 MOTION to Dismiss Second Amended Complaint or in the alternative, Motion to Strike, ) filed by Matthew Cheung, Aziz Si Hadj Mohand, Benjamin Whitesides. (Attachments: #1 PLAINTIFFS OBJECTIONS TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE AND THE DECLARATIONS OF JAMES REILLY AND ERIKA J. REGNA SUBMITTED IN SUPPORT OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT)(Bengali, Omar) (Filed on 5/10/2021) |
| Filing 30 CLERK'S NOTICE VACATING INITIAL CASE MANAGEMENT CONFERENCE. In light of the pending motion to dismiss (Dkt. No. #29 ), the initial case management conference set for May 27, 2021 is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 4/27/2021) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint or in the alternative, Motion to Strike; Memorandum of Points and Authorities in Support Thereof filed by ETrade Futures, LLC, ETrade Securities, LLC. Motion Hearing set for 6/3/2021 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 5/10/2021. Replies due by 5/17/2021. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Erik J. Renga, #3 Declaration of James Reilly, #4 Proposed Order)(Garrett, Stacey) (Filed on 4/26/2021) |
| Filing 28 SECOND AMENDED CLASS ACTION COMPLAINT against ETrade Futures, LLC, ETrade Securities, LLC. Filed by Aziz Si Hadj Mohand, Benjamin Whitesides, Matthew Cheung. (Noyes, Christopher) (Filed on 4/12/2021) |
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Filing 27
ORDER by Magistrate Judge Jacqueline Scott Corley granting #17 Motion to Dismiss. Amended complaint due by 4/12/2021. Joint case management statement due by 5/20/2021. Initial Case Management Conference set for 5/27/2021 at 1:30 p.m. by videoconference. (ahm, COURT STAFF) (Filed on 3/11/2021)
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| Filing 26 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held by Zoom videoconference on 2/25/2021 re #17 Defendants' Motion to Dismiss. The motion was argued, submitted, and taken under submission. The initial case management conference was not held and will be rescheduled. ( Court Reporter: Ana Dub)(Time 00:38) Attorney for Plaintiffs: Omar BengaliAttorneys for Defendants: Stephen Young and Stacey Garrett (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 2/25/2021) |
| Filing 25 CLERK'S NOTICE SETTING ZOOM HEARING. Motion hearing and case management conference set for 2/25/2021 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 2/24/2021.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: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document asso ciated with this entry.) (ahm, COURT STAFF) (Filed on 2/22/2021) |
| Filing 24 JOINT CASE MANAGEMENT STATEMENT AND RULE 26(F) REPORT; [PROPOSED] ORDER filed by ETrade Futures, LLC, ETrade Securities, LLC. (Garrett, Stacey) (Filed on 2/17/2021) |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options signed by Matthew Cheung (Noyes, Christopher) (Filed on 2/4/2021) |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options signed by Benjamin Whitesides (Noyes, Christopher) (Filed on 2/4/2021) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options signed by Aziz Si Hadj Mohand (Noyes, Christopher) (Filed on 2/4/2021) |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Garrett, Stacey) (Filed on 2/4/2021) |
| Filing 19 REPLY (re #17 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT OR, IN THE ALTERNATIVE, MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF) filed by ETrade Futures, LLC, ETrade Securities, LLC. (Garrett, Stacey) (Filed on 1/28/2021) |
| Filing 18 OPPOSITION/RESPONSE to (re #17 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT OR, IN THE ALTERNATIVE, MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF) filed by Matthew Cheung, Aziz Si Hadj Mohand, Benjamin Whitesides. (Attachments: #1 Exhibit Notice of Out of State Authorities ISO Plaintiff's Opposition to Defendant's Motion to Dismiss First Amended Complaint, #2 Exhibit Knieriemen v. Bache Halsey Stuart Shields Inc., #3 Exhibit Finance One Public Co. Ltd v. Lehman Bros. Special Financing, Inc., #4 Exhibit Krock v. Lipsay, #5 Exhibit Icebox-Scoops v. Finanz St. Honore, B.V., #6 Exhibit Champlain Enterprises, Inc. v. U.S., #7 Exhibit Barclays Bank of New York, N.A. v. Heady Electric Co., Inc., #8 Exhibit Colnaghi, USA v. Jewelers Prot. Servs., Ltd., #9 Exhibit Ash v. New York University Dental Center, #10 Exhibit De Kwiatkowski v. Bear, Stearns & Co., #11 Exhibit Sommer v. Federal Signal Corp.)(Noyes, Christopher) (Filed on 1/11/2021) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT OR, IN THE ALTERNATIVE, MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by ETrade Futures, LLC, ETrade Securities, LLC. Motion Hearing set for 2/25/2021 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 2/3/2021. Replies due by 2/10/2021. (Attachments: #1 Request for Judicial Notice and Exhibits, #2 Declaration, #3 Declaration, #4 Proposed Order, #5 Proof of Service)(Garrett, Stacey) (Filed on 12/11/2020) |
| Filing 16 FIRST AMENDED CLASS ACTION COMPLAINT against All Defendants. Filed by Aziz Si Hadj Mohand, Benjamin Whitesides, Matthew Cheung. (Noyes, Christopher) (Filed on 11/12/2020) |
| Filing 15 Notice of Withdrawal of Motion to Dismiss Complaint. or in the Alternative Motion to Strike [ECF 12] (Garrett, Stacey) (Filed on 10/29/2020) |
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Filing 14
ORDER by Magistrate Judge Jacqueline Scott Corley granting as modified #13 Stipulation re: case schedule. Joint Case Management Statement due by 2/18/2021. Initial Case Management Conference reset for 2/25/2021 at 9:00 a.m. in San Francisco, Courtroom E, 15th Floor. (ahm, COURT STAFF) (Filed on 10/28/2020)
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| Filing 13 STIPULATION CONSENTING TO PLAINTIFFS FILING OF FIRST AMENDED COMPLAINT, SETTING CASE SCHEDULE AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER re #1 Complaint, re #4 Initial Case Management Scheduling Order with ADR Deadlines, re #12 MOTION to Dismiss Complaint Or In The Alternative, Motion to Strike; Memorandum of Points and Authorities in Support Thereof filed by ETrade Futures, LLC, ETrade Securities, LLC. (Garrett, Stacey) (Filed on 10/28/2020) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Complaint, Or In The Alternative, Motion to Strike; Memorandum of Points and Authorities in Support Thereof filed by ETrade Futures, LLC, ETrade Securities, LLC. Motion Hearing set for 11/19/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 10/28/2020. Replies due by 11/4/2020. (Attachments: #1 Request for Judicial Notice with Exhibits, #2 Declaration, #3 Declaration, #4 Proposed Order, #5 Proof of Service)(Garrett, Stacey) (Filed on 10/14/2020) |
| Filing 11 Corporate Disclosure Statement filed by ETrade Futures, LLC, ETrade Securities, LLC (Garrett, Stacey) (Filed on 10/14/2020) |
| Filing 10 Certification of Interested Entities or Persons filed by ETrade Futures, LLC, ETrade Securities, LLC (Garrett, Stacey) (Filed on 10/14/2020) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ETrade Futures, LLC, ETrade Securities, LLC.. (Garrett, Stacey) (Filed on 9/8/2020) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 9/22/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 9/8/2020) |
| Filing 7 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO THE re #1 COMPLAINT PURSUANT TO L.R. 6-1. filed by ETrade Futures, LLC, ETrade Securities, LLC. (Garrett, Stacey) (Filed on 9/4/2020) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Benjamin Whitesides.. (Fang, Joana) (Filed on 8/31/2020) |
| Filing 5 Summons Issued as to Defendants E*Trade Futures, LLC, E*Trade Securities, LLC. (tnS, COURT STAFF) (Filed on 8/19/2020) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 11/12/2020. Initial Case Management Conference set for 11/19/2020 at 1:30 PM in San Francisco, Courtroom E, 15th Floor. (tnS, COURT STAFF) (Filed on 8/19/2020) |
| Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 9/1/2020. (bwS, COURT STAFF) (Filed on 8/18/2020) |
| Filing 2 Proposed Summons. (Noyes, Christopher) (Filed on 8/18/2020) |
| Filing 1 CLASS ACTION COMPLAINT for Breach of Contract; Breach of the Duty of Good Faith and Fair Dealing; Negligence; Gross Negligence; and Unlawful Competition Law Claim; Demand for Jury Trial against All Defendants, (Filing Fee: $400.00, receipt number 0971-14829023). Filed by Aziz Si Hadj Mohand, Benjamin Whitesides, Matthew Cheung. (Attachments: #1 Exhibit E*Trade Customer Agreement, #2 Civil Cover Sheet)(Noyes, Christopher) (Filed on 8/18/2020) Modified on 8/19/2020 (tnS, COURT STAFF). |
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