Schultz v. TD Ameritrade, Inc. et al
| David Schultz |
| TD Ameritrade, Inc. and The Charles Schwab Corporation |
| 8:2023cv00375 |
| August 23, 2023 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Michael D Nelson |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 30 ATTORNEY LETTER by Clerk that Attorney Lauren Goldman has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Victoria H. Buter on behalf of Defendant The Charles Schwab Corporation.Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN(Buter, Victoria) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Victoria H. Buter on behalf of Defendant TD Ameritrade, Inc..Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN(Buter, Victoria) |
Filing 27
ORDER FOR CONSOLIDATION AND APPOINTMENT OF INTERIM CO-LEAD CLASS COUNSEL - Plaintiff's Motion to Consolidate Cases (Filing No. #11 in Case No. 8:23CV375) is granted. The above-captioned cases are consolidated for all purposes. The Court designates Case No. 8:23CV375 as the "Lead Case" and Case Nos. 8:23CV380, 8:23CV381 and 8:23CV385 as "Member Cases." The plaintiffs in the above-captioned cases shall file a Consolidated Amended Complaint in the Lead Case on or before November 27, 2023. The deadline for the defendants to file an answer or other responsive pleading is extended to 30-days after the plaintiffs file the Consolidated Amended Complaint. Plaintiff's Motion for Appointment of Interim Lead Counsel Under Fed. R. Civ. P. 23(g)(3) (Filing No. #12 ) is granted. Brandon Wise (Peiffer Wolf Carr Kane Conway & Wise, LLP); David Almeida (Almeida Law Group LLC); and William B. Federman (Federman & Sherwood); are appointed as Interim Co-Lead Class Counsel. Ordered by Magistrate Judge Michael D. Nelson. (Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN) (KLF)
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| Filing 26 RESPONSE regarding MOTION to Consolidate Case(s) 8:23-cv-00375; 8:23-CV-00380;8:23-CV-00381;8:23-CV-00385 #11 by Attorney Victoria H. Buter on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Buter, Victoria) |
| Filing 25 Mail Returned as Undeliverable addressed to Andrew R. Tate, 235 Peachtree Street NE, Suite 400, Atlanta, GA 30303 regarding Attorney Letter #3 . Mail not resent. No forwarding address. (KLF) |
| Filing 24 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant The Charles Schwab Corporation. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB) |
| Filing 23 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant TD Ameritrade, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB) |
| Filing 22 NOTICE of Appearance by Attorney Victoria H. Buter on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation (Buter, Victoria) |
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Filing 21
REASSIGNMENT ORDER - Case numbers 8:23CV380, 8:23CV381, and 8:23cv385 are related to 8:23CV375. See NEGenR 1.4(a)(4)(C)(iii). Accordingly, pursuant to NEGenR 1.4(a)(4)(B), 8:23CV375 and 8:23cv380 are reassigned to Senior District Judge Joseph F. Bataillon for disposition and are assigned to Magistrate Judge Michael D. Nelson for judicial supervision. Case numbers 8:23CV381 and 8:23CV38 5 remain assigned to Senior District Judge Joseph F. Bataillon for disposition and are reassigned to Magistrate Judge Michael D. Nelson for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr.. (ADB)
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| Filing 20 NOTICE of Election for Reassignment to District Judge by Attorney Alexander H. Southwell on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation (Southwell, Alexander) |
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Filing 19
ORDER - If the parties consent to final disposition of the case by the undersigned magistrate judge, on or before October 10, 2023, they shall complete the CONSENT TO RANDOM ASSIGNMENT TO MAGISTRATE JUDGE form located on the courts website at http://www.ned.uscourts.gov/forms/. After all parties have signed this form, e-mail it in.pdf format to clerk@ned.uscourts.gov. Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Michael D. Nelson. (NMW)
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Filing 18
TEXT ORDER granting #17 Consent Motion for Extension of Time to File a Responsive Pleading. Defendants shall have an extension of time to November 22, 2023, to file an answer or other responsive pleading to the Complaint. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 17 MOTION for Extension of Time to File a Responsive Pleading (on Consent) by Attorney Alexander H. Southwell on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Southwell, Alexander) |
| Filing 16 TEXT ORDER granting Motion for Admission Pro Hac Vice #14 for attorney Salah M. Hawkins. Ordered by Deputy Clerk. (LKO) |
| Filing 15 TEXT ORDER granting Motion for Admission Pro Hac Vice #13 for attorney Alexander H. Southwell. Ordered by Deputy Clerk. (LKO) |
| Filing 14 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4944157 by Attorney Salah M. Hawkins on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Hawkins, Salah) |
| Filing 13 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number BNEDC-4944142 by Attorney Alexander H. Southwell on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Southwell, Alexander) |
| Filing 12 MOTION to Appoint Counsel Interim Co-Lead Under Fed. R. Civ. P. 23(g)(3) by Attorney Brandon M. Wise on behalf of Plaintiff David Schultz. (Attachments: #1 Supplement Plaintiff's Memorandum in Support of Motion for Appointment of Interim Co-Lead Counsel, #2 Exhibit Exhibit A - Peiffer Wolf Resume, #3 Exhibit Exhibit B - Almedia Resume, #4 Exhibit Exhibit C - Federman Sherwood Resume, #5 Exhibit Exhibit D - Klinger Milberg Resume, #6 Text of Proposed Order Proposed Order - Plaintiff's Motion for Appointment of Interim Co-Lead Counsel)(Wise, Brandon) |
| Filing 11 MOTION to Consolidate Case(s) 8:23-cv-00375; 8:23-CV-00380;8:23-CV-00381;8:23-CV-00385 by Attorney Brandon M. Wise on behalf of Plaintiff David Schultz. (Attachments: #1 Supplement Plaintiff's Memorandum of Law in Support of Motion to Consolidate Cases, #2 Text of Proposed Order Proposed Order - Plaintiff's Motion to Consolidate Cases)(Wise, Brandon) |
| Filing 10 SUMMONS Returned Executed upon defendant TD Ameritrade, Inc. on 9/6/2023. (Tate, Andrew) |
| Filing 9 TEXT ORDER granting Motion for Admission Pro Hac Vice #8 for attorney Andrew R. Tate. Ordered by Deputy Clerk. (LKO) |
| Filing 8 MOTION for Admission Pro Hac Vice of Andrew R. Tate Filing fee $ 100, receipt number ANEDC-4933011 by Attorney Andrew Tate on behalf of Plaintiff David Schultz. (Attachments: #1 Exhibit Georgia COGS)(Tate, Andrew) |
| Filing 7 SUMMONS Returned Executed upon defendant The Charles Schwab Corporation on 9/1/2023. (Wise, Brandon) |
| Filing 6 Summons Issued as to defendants TD Ameritrade, Inc. and The Charles Schwab Corporation. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES) |
| Filing 5 Summons Requested as to The Charles Schwab Corporation regarding Complaint, #1 . (Wise, Brandon) |
| Filing 4 Summons Requested as to TD Ameritrade, Inc. regarding Complaint, #1 . (Wise, Brandon) |
| Filing 3 ATTORNEY LETTER by Clerk that Attorney Andrew Tate has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JES) |
| Filing 2 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) |
| Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 402, receipt number ANEDC-4925834), by Attorney Brandon M. Wise on behalf of David Schultz (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Summons, #4 Exhibit Summons)(Wise, Brandon) |
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