Clapp et al v. Ally Financial Inc. et al
| Sabrina Clapp and Denise Redfield |
| Square Inc., Freetrade, Ltd., Trading 212 Ltd., Citadel Enterprise Americas, LLC, Robinhood Securities, LLC, E*Trade Securities LLC, Stash Financial, Inc., Robinhood Financial LLC, Fumi Holdings, Inc., Ally Financial Inc., Melvin Capital Management LP, Morgan Stanley Smith Barney LLC, Cash App Investing LLC, TD Ameritrade, Inc., Interactive Brokers LLC, Dough LLC, Barclays Bank PLC, The Depository Trust & Clearing Corporation, E*TRADE Financial Holdings, LLC, Tastyworks, Inc., The Charles Schwab Corporation, Open to the Public Investing, Inc., Sequoia Capital Operations LLC, Alpaca Securities LLC, Citadel Securities LLC, APEX CLEARING CORPORATION, IG Group Holdings PLC, Robinhood Markets, Inc., eToro USA Securities, Inc., Charles Schwab & Co. Inc., E*Trade Financial Corporation, M1 Finance, LLC and FF Trade Republic Growth, LLC |
| 4:2021cv00896 |
| February 4, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Joseph C Spero |
| Anti-Trust |
| 15 U.S.C. § 15 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 MDL TRANSFER ORDER NO. 2989: Transferring case to the U.S.District Court, Southern District of Florida (Miami). Signed by The Judicial Panel onMultidistrict Litigation, on 04/02/2021. (Attachments: #1 MDL Clerk's Letter re Transmission of Cases Pursuant to MDL No. 2989)(jlmS, COURT STAFF) (Filed on 4/2/2021) |
| Case electronically transferred to the U.S. District Court, Southern District of Florida (Miami). Counsel notified. (jlmS, COURT STAFF) (Filed on 4/2/2021) |
Filing 36
ORDER by Judge Haywood S. Gilliam, Jr. Granting #31 Motion for Pro Hac Vice as to Boyle, Gregory. (ndrS, COURT STAFF) (Filed on 3/31/2021)
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| Filing 35 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Notice is hereby given that a Case Management Conference has been set for May 18, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by May 11th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/22/2021) Modified on 3/22/2021 to remove location(ndrS, COURT STAFF). |
| Filing 34 Certificate of Interested Entities by Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities, LLC identifying Corporate Parent Robinhood Markets, Inc., Other Affiliate Index Ventures, Other Affiliate Robinhood Financial LLC, Other Affiliate Robinhood Securities, LLC, Other Affiliate Baiju Bhatt, Other Affiliate Vladimir Tenev for Robinhood Markets, Inc.. (Wisoff, Carl) (Filed on 3/11/2021) |
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Filing 33
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 03/10/2021. (mbcS, COURT STAFF) (Filed on 3/10/2021)
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| Filing 32 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 3/10/2021) |
| Filing 31 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15674841.) filed by The Depository Trust & Clearing Corporation. (Attachments: #1 Certificate of Good Standing)(Boyle, Gregory) (Filed on 3/9/2021) |
| Filing 30 NOTICE of Appearance by Brian Hauck (Hauck, Brian) (Filed on 3/9/2021) |
| Filing 29 NOTICE of Appearance by Eric D. Monek Anderson (Monek Anderson, Eric) (Filed on 3/8/2021) |
| Filing 28 STIPULATION (JOINT) STIPULATION TO EXTEND DEADLINE TO MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT filed by Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities, LLC. (Wisoff, Carl) (Filed on 3/8/2021) |
| Filing 27 NOTICE of Appearance by Carl Brandon Wisoff (Wisoff, Carl) (Filed on 3/8/2021) |
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Filing 26
ORDER RELATING CASES. The parties agree that the cases should be related. (ECF Nos. 9, 14.) The cases are related because they concern substantially the same parties, property, transaction or event, and it appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. Civ. L. R. 3-12(a). The attached order relates the cases. There is also the issue of consent: the court needs consent from all parties before it can address the cases on their merits. Williams v. King, 875 F.3d 500, 50305 (9th Cir. 2017). There have been declinations in some of the related cases, and they have been reassigned to district judges. The defendants in those cases have the option of consenting to the magistrate jurisdiction. N.D. Cal. Gen. Order 44(E)(4); N.D. Cal. Local R. 73-1(b). The plaintiff here has not consented either. The court asks the parties to confer on the issue of consent in three business days. Any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The effect of this related-case order will be that the case will be reassigned absent consent of the parties to the undersigneds jurisdiction. The court also apologizes for the late response to the motion: it did not hit the court's radar until relatively recently, and it took some time to look at the related cases. Signed by Judge Laurel Beeler on 03/05/2021. (ejkS, COURT STAFF) (Filed on 3/8/2021)
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| Case Reassigned to Magistrate Judge Laurel Beeler. Judge Vince Chhabria no longer assigned to the case. (asS, COURT STAFF) (Filed on 3/8/2021) |
| Filing 25 Certificate of Interested Entities by APEX CLEARING CORPORATION identifying Corporate Parent Apex Clearing Holdings LLC, Corporate Parent PEAK6 Investments LLC for APEX CLEARING CORPORATION. (Burke, Heather) (Filed on 3/5/2021) |
| Filing 24 Corporate Disclosure Statement by APEX CLEARING CORPORATION identifying Corporate Parent Apex Clearing Holdings LLC, Corporate Parent PEAK6 Investments LLC for APEX CLEARING CORPORATION. (Burke, Heather) (Filed on 3/5/2021) |
| Filing 23 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by The Depository Trust & Clearing Corporation waiver sent on 2/26/2021, answer due 4/27/2021. (Lechtzin, Eric) (Filed on 2/26/2021) |
| Filing 22 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 4/28/2021. Initial Case Management Conference set for 5/5/2021, 02:00 PM, by Videoconference Only. This 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/vc 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 and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, April 29, 2021, by no later than 10:00 a.m.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/.< /p< (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 2/17/2021) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by APEX CLEARING CORPORATION waiver sent on 2/16/2021, answer due 4/19/2021. (Lechtzin, Eric) (Filed on 2/16/2021) |
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Filing 20
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 2/16/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 2/16/2021)
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| Filing 19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klhS, COURT STAFF) (Filed on 2/12/2021) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sabrina Clapp, Denise Redfield.. (Lechtzin, Eric) (Filed on 2/12/2021) |
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Filing 17
ORDER signed 2/11/2021 by Chief Magistrate Judge Joseph C. Spero granting #14 Motion for Pro Hac Vice - Gant. (klhS, COURT STAFF) (Filed on 2/11/2021)
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Filing 16
ORDER signed 2/11/2021 by Chief Magistrate Judge Joseph C. Spero granting #13 Motion for Pro Hac Vice - Pace. (klhS, COURT STAFF) (Filed on 2/11/2021)
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Filing 15
Order, signed 2/11/2021 by Chief Magistrate Judge Joseph C. Spero granting #12 Motion for Pro Hac Vice - Gidley.(klhS, COURT STAFF) (Filed on 2/11/2021)
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| Filing 14 MOTION for leave to appear in Pro Hac Vice for Bryan Daniel Gant ( Filing fee $ 317, receipt number 0971-15555664.) filed by APEX CLEARING CORPORATION. (Attachments: #1 Certificate of Good Standing)(Burke, Heather) (Filed on 2/9/2021) |
| Filing 13 MOTION for leave to appear in Pro Hac Vice for Jack Edward Pace ( Filing fee $ 317, receipt number 0971-15555656.) filed by APEX CLEARING CORPORATION. (Attachments: #1 Certificate of Good Standing)(Burke, Heather) (Filed on 2/9/2021) |
| Filing 12 MOTION for leave to appear in Pro Hac Vice for J. Mark Gidley ( Filing fee $ 317, receipt number 0971-15555626.) filed by APEX CLEARING CORPORATION. (Attachments: #1 Certificate of Good Standing)(Burke, Heather) (Filed on 2/9/2021) |
| Filing 11 NOTICE of Appearance by Heather Marie Burke on behalf of Apex Clearing Corp (Burke, Heather) (Filed on 2/9/2021) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Citadel Securities LLC waiver sent on 2/9/2021, answer due 4/12/2021. (Lechtzin, Eric) (Filed on 2/9/2021) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Citadel Enterprise Americas, LLC waiver sent on 2/9/2021, answer due 4/12/2021. (Lechtzin, Eric) (Filed on 2/9/2021) |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Robinhood Securities, LLC waiver sent on 2/4/2021, answer due 4/5/2021. (Lechtzin, Eric) (Filed on 2/4/2021) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Robinhood Markets, Inc. waiver sent on 2/4/2021, answer due 4/5/2021. (Lechtzin, Eric) (Filed on 2/4/2021) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Denise Redfield, Sabrina Clapp. Service waived by Robinhood Financial LLC waiver sent on 2/4/2021, answer due 4/5/2021. (Lechtzin, Eric) (Filed on 2/4/2021) |
| Filing 5 Summons Issued as to APEX CLEARING CORPORATION, Ally Financial Inc., Alpaca Securities LLC, Barclays Bank PLC, Cash App Investing LLC, Charles Schwab & Co. Inc., Citadel Enterprise Americas, LLC, Citadel Securities LLC, Dough LLC, ETRADE Financial Holdings, LLC, ETrade Financial Corporation, ETrade Securities LLC, FF Trade Republic Growth, LLC, Freetrade, Ltd., Fumi Holdings, Inc., IG Group Holdings PLC, Interactive Brokers LLC, M1 Finance, LLC, Melvin Capital Management LP, Morgan Stanley Smith Barney LLC, Open to the Public Investing, Inc., Denise Redfield, Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities, LLC, Sequoia Capital Operations LLC, Square Inc., Stash Financial, Inc., TD Ameritrade, Inc., Tastyworks, Inc., The Charles Schwab Corporation, The Depository Trust & Clearing Corporation, Trading 212 Ltd., eToro USA Securities, Inc.. (fabS, COURT STAFF) (Filed on 2/4/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/30/2021. Initial Case Management Conference set for 5/7/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (fabS, COURT STAFF) (Filed on 2/4/2021) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 2/18/2021. (mbcS, COURT STAFF) (Filed on 2/4/2021) |
| Filing 2 Proposed Summons. (Attachments: #1 Appendix A)(Lechtzin, Eric) (Filed on 2/4/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15535423.). Filed byDenise Redfield, Sabrina Clapp. (Attachments: #1 Civil Cover Sheet)(Lechtzin, Eric) (Filed on 2/4/2021) |
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