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14-289 - Verdieck v. TD Ameritrade, Inc.


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14-289 - Verdieck v. TD Ameritrade, Inc.
November 6, 2014
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ORDER TO SHOW CAUSE that Attorney Trenton R. Kashima is to register for the System. Show Cause Deadline set for 11/24/2014. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
November 6, 2014
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ORDER TO SHOW CAUSE that Attorney Mark L. Knutson is to register for the System. Show Cause Deadline set for 11/24/2014. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )
February 26, 2015
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ORDER that the Zola plaintiffs' Motion to Coordinate with Verdiak [sic], Lerner, and Sarbacker or, in the Alternative, to Appoint Zola's Counsel as Lead Counsel in a Consolidated Action (Filing No. 25 in Case 8:14CV288) is denied. The Verdieck and Lerner plaintiffs' Joint Motion to appoint Finkelstein & Krinsk, Blood Hurst & O'Reardon, and Robbins Arroyo as Interim Class Counsel (Filing No. 21 in Case 8:14CV289 and Filing No. 23 in Case 8:14CV325) is denied. The Sarbacker plaintiff's Motion to Consolidate the Four Related Actions Against TD Ameritrade (Filing No. 12 in Case 8:14CV341) is denied. The Sarbacker plaintiff's Motion to Appoint Plaintiff Michael Sarbacker as Lead Plaintiff and Robbins Geller Rudman & Dowd LLP as Lead Counsel (Filing No. 18 in Case 8:14CV341) is denied. The defendants' Motion to Consolidate (Filing No. 32 in Case 8:14CV288; Filing No. 29 in Case 8:14CV289; Filing No. 31 in Case 8:14CV325; Filing No. 38 in Case 8:14CV341; and Filing No. 50 in Case 8:14CV396) is denied. The defendants shall have to on or before March 19, 2015, to file answers or otherwise respond to the complaints in each action. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
August 17, 2015
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FINDINGS AND RECOMMENDATION to Senior Judge Joseph F. Bataillon that the defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request to Take Judicial Notice44 be granted. Pursuant to NECivR 72.2 any objection to this Report and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Report and Recommendation. THE PARTIES ARE FURTHER ADMONISHED: For this matter the court is imposing page limitations and other specifications. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
March 23, 2016
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MEMORANDUM AND ORDER - IT IS ORDERED: The objections filed by plaintiffs Zola, Verdieck, Lerner, and Sarbacker (Filing No. 53 in Zola, No. 8:14CV288, Filing No. 53 in Verdieck, No. 8:14CV289, Filing No. 55 in Lerner, No. 8:14CV325, and Filing No. 66 in Sarbacker, 8:14CV341) are overruled. Plaintiff Klein's objections (Filing No. 96 in Klein, No. 8:14CV396), are overruled in part and sustained in part as set forth in this order. The Findings and Recommendation of the United States Magistrate Judge (Filing No. 52 in Zola, No. 8:14CV288, Filing No. 52 in Verdieck, No. 8:14CV289, Filing No. 54 in Lerner, No. 8:14CV325, Filing No. 64 in Sarbacker, 8:14CV341, and Filing No. 95 in Klein, No. 8:14CV396) are adopted with respect to the SLUSA preclusion issue, and rejected in all other respects. The defendants' motions to dismiss (Filing No. 44 in Zola, No. 8:14CV288, Filing No. 44 in Verdieck, 8:14CV289, Filing No. 47 in Lerner, No. 8:14CV325, and Filing No. 54 in Sarbacker, No. 8:14CV341) are granted. The plaintiffs' state law class action claims are dismissed in Zola, No. 8:14CV288; Verdieck, 8:14CV289; Lerner, No. 8:14CV325; and Sarbacker, No. 8:14CV341. The plaintiffs are granted leave to file amended complaints within 21 days of the date of this order. Defendant TD Ameritrade's motion to dismiss (Filing No. 79 in Klein, 8:14CV396) is granted with respect to the plaintiff's state-law claims and denied with respect to the federal securities fraud claim. Ordered by Senior Judge Joseph F. Bataillon. (TCL )