Curiel-Ruth v. Robinhood Securities LLC et al
| Elvia Curiel-Ruth |
| Citadel Enterprise Americas, LLC, TD Ameritrade, Inc., Robinhood Markets, Inc., Robinhood Financial LLC, Charles Schwab & Co., Inc., WeBull Financial LLC, Melvin Capital Management LP, Charles Schwab Corporation, E*Trade Financial Corporation, Robinhood Securities LLC and Interactive Brokers LLC |
| 4:2021cv00829 |
| February 2, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Thomas S Hixson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 32 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 31 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 30 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) |
| Filing 29 STIPULATION to Extend Deadline to Move or Otherwise Respond to Plaintiff's Complaint filed by Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities LLC, Elvia Curiel-Ruth, and Melvin Capital Management LP. (Wisoff, Carl) (Filed on 3/10/2021) Modified on 3/11/2021 (bnsS, COURT STAFF). |
| Filing 28 NOTICE of Appearance by Eric D. Monek Anderson (Monek Anderson, Eric) (Filed on 3/10/2021) |
| Filing 27 NOTICE of Appearance by Carl Brandon Wisoff (Wisoff, Carl) (Filed on 3/10/2021) |
Filing 26
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 25 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) |
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Filing 24
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 Haywood S Gilliam, Jr no longer assigned to the case. Related Case. (mbcS, COURT STAFF) (Filed on 3/8/2021) |
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Filing 23
ORDER by Judge Haywood S. Gilliam, Jr. Granting #20 Motion for Pro Hac Vice for Janet Jones-Duffey. (ndrS, COURT STAFF) (Filed on 3/5/2021)
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Filing 22
ORDER by Judge Haywood S. Gilliam, Jr. Granting #19 Motion for Pro Hac Vice for Gina Cora. (ndrS, COURT STAFF) (Filed on 3/5/2021)
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Filing 21
ORDER by Judge Haywood S. Gilliam, Jr. Granting #18 Motion for Pro Hac Vice for Brian Weinstein. (ndrS, COURT STAFF) (Filed on 3/5/2021)
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| Filing 20 MOTION for leave to appear in Pro Hac Vice for Janet Jones-Duffey ( Filing fee $ 317, receipt number 0971-15638663.) filed by ETrade Financial Corporation. (Jones-Duffey, Janet) (Filed on 3/1/2021) Modified on 3/2/2021 (bnsS, COURT STAFF). |
| Filing 19 MOTION for leave to appear in Pro Hac Vice for Gina Cora ( Filing fee $ 317, receipt number 0971-15638589.) filed by ETrade Financial Corporation. (Cora, Gina) (Filed on 3/1/2021) Modified on 3/2/2021 (bnsS, COURT STAFF). |
| Filing 18 MOTION for leave to appear in Pro Hac Vice for Brian Weinstein ( Filing fee $ 317, receipt number 0971-15638545.) filed by ETrade Financial Corporation. (Weinstein, Brian) (Filed on 3/1/2021) Modified on 3/2/2021 (bnsS, COURT STAFF). |
| Filing 17 Certificate of Interested Entities by ETrade Financial Corporation identifying Corporate Parent Morgan Stanley Capital Management LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley, Other Affiliate Mitsubishi UFJ Financial Group, Inc., Other Affiliate E*TRADE Financial Holdings, LLC, Other Affiliate E*TRADE Financial, LLC for. (Potischman, Neal) (Filed on 3/1/2021) |
| Filing 16 Rule 7.1 Disclosures by ETrade Financial Corporation identifying Corporate Parent Morgan Stanley Capital Management LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley, Other Affiliate E*TRADE Financial Holdings, LLC, Other Affiliate Mitsubishi UFJ Financial Group, Inc. 7-1 Marunouchi 2-chome, Chiyoda-ku, Tokyo 100-8330, Other Affiliate E*TRADE Financial, LLC for. (Potischman, Neal) (Filed on 3/1/2021) |
| Filing 15 NOTICE of Appearance by Neal Alan Potischman (Potischman, Neal) (Filed on 3/1/2021) |
| Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 4, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by April 27th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-00829-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/26/2021) |
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Filing 13
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. Judge William H. Orrick no longer assigned to case,. Signed by The Clerk on 2/26/21. (haS, COURT STAFF) (Filed on 2/26/2021)
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Filing 12
ORDER OF RECUSAL. Signed by Judge William H. Orrick on 2/25/2021. (jmdS, COURT STAFF) (Filed on 2/25/2021)
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Filing 11
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 5/4/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 4/27/2021. Signed by Judge William H. Orrick on 02/19/2021. (jmdS, COURT STAFF) (Filed on 2/19/2021)
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Thomas S. Hixson 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 The Clerk on 2/18/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 2/18/2021)
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| Filing 9 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. (rmm2S, COURT STAFF) (Filed on 2/17/2021) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elvia Curiel-Ruth.. (Kessler, Kurt) (Filed on 2/16/2021) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Elvia Curiel-Ruth. Service waived by Citadel Enterprise Americas, LLC waiver sent on 2/8/2021, answer due 4/9/2021. (Audet, William) (Filed on 2/9/2021) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Elvia Curiel-Ruth. Service waived by Robinhood Financial LLC waiver sent on 2/3/2021, answer due 4/5/2021; Robinhood Markets, Inc. waiver sent on 2/3/2021, answer due 4/5/2021; Robinhood Securities LLC waiver sent on 2/3/2021, answer due 4/5/2021. (Audet, William) (Filed on 2/3/2021) |
| Filing 5 Summons Issued as to All Defendants. (msrS, COURT STAFF) (Filed on 2/3/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/29/2021. Initial Case Management Conference set for 5/6/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (Attachments: #1 Standing Order, #2 Standing Order)(msrS, COURT STAFF) (Filed on 2/3/2021) |
| Filing 3 Proposed Summons. (Audet, William) (Filed on 2/2/2021) |
| Filing 2 Case assigned to Magistrate Judge Thomas S. Hixson. 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 2/16/2021. (haS, COURT STAFF) (Filed on 2/2/2021) |
| Filing 1 COMPLAINT (1) Violation Of Section 1 Of The Sherman Act; (2) Violation Of Section 2 Of The Sherman Act; (3) Restraint of Trade Violation Of The Cartwright Act; (4) Attempted Monopolization In Violation Of The Cartwright Act; (5) Breach Of Contract; (6) Breach Of Implied Covenant Of Good Faith And Fair Dealing; (7) Negligence Per Se; (8) Negligence; (9) Breach Of Fiduciary Duty; (10) Constructive Fraud; and (11) Violation Of Californias Unfair Competition Law against Charles Schwab & Co., Inc., Charles Schwab Corporation, Citadel Enterprise Americas, LLC, ETrade Financial Corporation, Interactive Brokers LLC, Melvin Capital Management LP, Robinhood Financial LLC, Robinhood Markets, Inc., Robinhood Securities LLC, TD Ameritrade, Inc., WeBull Financial LLC ( Filing fee $ 402, receipt number 0971-15524704.). Filed byElvia Curiel-Ruth. (Attachments: #1 Civil Cover Sheet)(Audet, William) (Filed on 2/2/2021) |
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