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14-341 - Sarbacker v. TD Ameritrade Holding Corporation et al


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14-341 - Sarbacker v. TD Ameritrade Holding Corporation et al
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)
September 17, 2015
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FINDINGS AND RECOMMENDATION regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request to Take Judicial Notice 54. IT IS RECOMMENDED TO SENIOR JUDGE JOSEPH F. BATAILLON that: The defendants' Motion to Dismiss Putative Class Action Complaint and Request to Take Judicial Notice (Filing No. 54) be granted as set forth above. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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 )