Callahan et al v. TD Ameritrade et al
Plaintiff: Daniel Callahan and Martha Menzie
Defendant: TD Ameritrade and Charles Schwab Companies
Case Number: 1:2023cv00129
Filed: February 1, 2023
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Hala Y Jarbou
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. § 1331 Federal Question-Securities, Commodities, Exchange
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2023 Opinion or Order Filing 14 Response To Defense ANSWER to complaint,, #1 with affirmative defenses and jury demand by Martha Menzie (Callahan, Daniel)
April 1, 2023 Opinion or Order Filing 13 Response To Defense ANSWER to complaint with affirmative defenses and jury demand by Daniel Callahan (Callahan, Daniel)
March 9, 2023 Opinion or Order Filing 12 PROOF OF SERVICE by defendant TD Ameritrade re MOTION to dismiss for lack of jurisdiction MOTION to dismiss, or in the alternative, for summary judgment MOTION to dismiss for failure to state a claim MOTION to compel arbitration and Brief in Support #11 (Hart, Miles)
March 7, 2023 Opinion or Order Filing 11 MOTION to dismiss for lack of jurisdiction ( responses due 4/4/2023;), MOTION to dismiss, or in the alternative, for summary judgment ( responses due 4/4/2023;), MOTION to dismiss for failure to state a claim ( responses due 4/4/2023;), MOTION to compel arbitration and Brief in Support by defendant TD Ameritrade; (Attachments: #1 Exhibit 1 - FINRA Denial of Forum, #2 Exhibit 2 -TD Ameritrade Online Account Application, #3 Exhibit 3 - TD Ameritrade Client Agreement, #4 Exhibit 4 - Menzie's FINRA Submission Agreement, #5 Exhibit 5 - Plaintiffs' FINRA Third Amended Statement of Claim, #6 Exhibit 6 - TD Ameritrade's FINRA Answer and Affirmative Defenses to the Third Amended Statement of Claim, #7 Exhibit 7 - Callahan's FINRA Submission Agreement, #8 Exhibit 8 - Example of Plaintiffs' Personal Attacks On TD Ameritrade's Counsel, #9 Exhibit 9 - Example of Plaintiffs' Comments On TD Ameritrade's Counsel and Their Office, #10 Exhibit 10 - Email Sent to TD Ameritrade with Photos of TD Ameritrade's Counsel's Office, #11 Exhibit 11 - TD Ameritrade's FINRA Motion to Disqualify Daniel Callahan from Representation of Martha Menzie, #12 Exhibit 12 - FINRA Order Regarding May 23, 2022 Pre-Hearing Conference, #13 Exhibit 13 - Plaintiffs' FINRA Request for Recusal of Chairperson, #14 Exhibit 14 - FINRA Order Denying Plaintiffs' Request for Recusal of Chairperson, #15 Exhibit 15 - Plaintiffs' FINRA Request for Removal of Chairperson By the FINRA Director, #16 Exhibit 16 - FINRA Director's Denial of Plaintiffs' Request for Removal of Chairperson, #17 Exhibit 17 - Plaintiffs' FINRA Request for Reconsideration of FINRA Director's Denial of Plaintiffs' Request for Removal of Chairperson, #18 Exhibit 18 - FINRA Director's Denial of Plaintiffs' Request for Reconsideration, #19 Exhibit 19 - Disturbing Images Introduced by Plaintiffs in FINRA, #20 Exhibit 20 - Plaintiffs' FINRA Filing Detailing TD Ameritrade's Counsel's Supposed Shopping Habits, #21 Exhibit 21 - FINRA Rule 12203: Denial of FINRA Forum) (Hart, Miles)
March 7, 2023 Opinion or Order Filing 10 CORPORATE DISCLOSURE STATEMENT by TD Ameritrade identifying Corporate Parent TD Ameritrade Online Holdings Corp., Corporate Parent TD Ameritrade Holding Corporation, Corporate Parent The Charles Schwab Corporation for TD Ameritrade (Hart, Miles)
March 7, 2023 Opinion or Order (NON-DOCUMENT) ATTORNEY APPEARANCE of Miles D. Hart on behalf of defendant TD Ameritrade (Hart, Miles)
February 23, 2023 Opinion or Order Filing 9 SUMMONS returned executed by US Marshal by mail with acknowledgment of receipt of summons and complaint by Charles Schwab Companies served on 2/14/2023, answer due 3/7/2023; TD Ameritrade served on 2/14/2023, answer due 3/7/2023 (mg)
February 8, 2023 Opinion or Order Filing 8 ORDER granting #3 Plaintiff's pro se application for electronic filing and service; signed by Magistrate Judge Sally J. Berens (jln)
February 8, 2023 Opinion or Order Copy of Order on Pro Se Application for Electronic Filing and Service #8 sent via U.S. Mail to Daniel Callahan and Martha Menzie (mg)
February 8, 2023 Opinion or Order SUMMONS ISSUED as to Charles Schwab Companies, TD Ameritrade and delivered to US Marshal for service (mg)
February 7, 2023 Opinion or Order RECEIPT: in the amount of $200.00, receipt number 100001238; filing fee paid by Martha Menzi (jmw)
February 3, 2023 Opinion or Order Copy of Order Referring Case to Magistrate Judge #7 sent via U.S. Mail to Daniel Callahan and Martha Menzie (jrg)
February 2, 2023 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Sally J. Berens; signed by Chief Judge Hala Y. Jarbou (aks)
February 2, 2023 Opinion or Order Filing 6 DEFICIENCY ORDER: plaintiff Martha Menzi has failed to pay the filing fee or file the required documents to apply to proceed in forma pauperis; deficiency to be cured by 3/2/2023 or the action will be dismissed as related to this plaintiff; signed by Magistrate Judge Sally J. Berens (jln)
February 2, 2023 Opinion or Order Filing 5 ORDER granting plaintiff Daniel Callahan leave to proceed in forma pauperis; signed by Magistrate Judge Sally J. Berens (jln)
February 2, 2023 Opinion or Order Filing 4 NOTICE of receipt of case (mg)
February 2, 2023 Opinion or Order Copy of Deficiency Order, #6 , Order to Proceed In Forma Pauperis #5 sent via U.S. Mail to Daniel Callahan and Martha Menzie (mg)
February 2, 2023 Opinion or Order Copy of Receipt of Case Notice #4 sent via U.S. Mail to Daniel Callahan and Martha Menzie (mg)
February 1, 2023 Opinion or Order Filing 3 PRO SE APPLICATION for electronic filing and service by plaintiff Daniel Callahan (mg)
February 1, 2023 Opinion or Order Filing 2 APPLICATION TO PROCEED without prepayment of fees and affidavit (mg)
February 1, 2023 Opinion or Order Filing 1 COMPLAINT with jury demand against Charles Schwab Companies, TD Ameritrade filed by Daniel Callahan, Martha Menzie (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit A, #18 Exhibit B, #19 Exhibit C, #20 Exhibit D, #21 Attachment Proposed Summons) (mg)

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Plaintiff: Daniel Callahan
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Plaintiff: Martha Menzie
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Defendant: TD Ameritrade
Represented By: Miles D. Hart
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Defendant: Charles Schwab Companies
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