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14-396 - Klein v. TD Ameritrade Holding Corporation, et al


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14-396 - Klein 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)
April 23, 2015
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ORDER TO SHOW CAUSE that, on or before May 11, 2015, Attorney Katrina Carroll is to register or show cause by written affidavit why she cannot comply with the rules of the court. Failure to comply with this order will result in Ms. Carroll being removed as counsel of record for the plaintiff. Show Cause Deadline set for 5/11/2015.Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed to Katrina Carroll)(MKR)
October 23, 2015
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FINDINGS AND RECOMMENDATION to Senior Judge Joseph F. Bataillon that defendants' MOTION TO Dismiss Putative Amended Class Action Complaint and Request to Take Judicial Notice 79 be granted. ADMONITION- 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. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. THE PARTIES ARE FURTHER ADMONISHED: For this matter the court is imposing page limitations and other specifications. The plaintiff and the defendant each may not exceed 25 pages for briefs in support of (inclusive of any reply brief) or opposition to any objection pursuant to NECivR 72.2. The page limit includes optional use of a table of contents and authorities. All margins shall be one-inch on sides, top, and bottom. The page limit excludes the case caption and notice of service, which should exceed no more than one-half page at the beginning and end of the brief, respectively. Each page of a brief shall contain double- spaced text and single spaced footnotes. Typeface text shall be in 12-point Arial font. Footnote text may use 10-point font. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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 )
September 23, 2016
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PROTECTIVE ORDER granting 137 the parties' Joint Motion for Entry of Protective Order. (Attachment: # (1) Exhibit A - Acknowledgement) Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
December 7, 2016
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ORDER that Ameritrade's Motion for Protective Order (Filing No. 141) and Supplemental Motion for Protective Order (Filing No. 146) are granted. Ford's Motion to Compel Responsive Discovery (Filing No. 149) is denied without prejudice. Ameritrade's Motion for Leave to File Sur-Reply (Filing No. 159) is denied. The parties' Joint Motion to Extend Class Certification Schedule (Filing No. 162) is granted. The parties shall have to on or before January 6, 2017, to ny outstanding discovery disputes. Plaintiff's counsel shall initiate the conference with the assigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)confer and submit a proposed amended progression to resolve the class certification dispute. The court will hold a telephone conference on January 13, 2017, at 11:00 a.m. for the purpose of finalizing the amended progression order and resolving a
April 7, 2017
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ORDER - IT IS ORDERED: The lead plaintiff's objection (Filing No. 164) to the order of the magistrate judge (Filing No. 163) is overruled. The order of the magistrate judge (Filing No. 163) is affirmed in all respects. The defendants' motion to consider the affidavit of Ovidio Montemayor, (Filing No. 174) is granted. The stay of entry of an amended progression order (Filing No. 168) is lifted. Within ten days of the date of this order, the parties shall confer and submit to the assigned magistrate judge a proposed amended progression order to resolve the class certification dispute and shall contact the magistrate judges chambers to schedule a planning conference. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
April 20, 2017
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AMENDED PROGRESSION ORDER granting 178 Motion to Amend. An Evidentiary Hearing with the assigned magistrate judge is set for March 27, 2018, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska, to consider all questions coming within the class action issues under Fed. R. Civ. P. 23(a) and (b). Ordered by Magistrate Judge Susan M. Bazis. (SLP)
October 12, 2017
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SECOND AMENDED PROGRESSION ORDER - Depositions. The parties represent that they have completed fact depositions with regard to the issue of class certification. Plaintiff shall depose Defendants' expert prior to November 8, 2017, and Defendants shall depose Plaintiff's experts by December 15, 2017. An Evidentiary Hearing with Magistrate Judge Susan M. Bazis is set for March 27, 2018, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
March 7, 2018
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MEMORANDUM AND ORDER that the defendants' motion in limine to exclude the opinions and testimony of plaintiff's experts Haim Bodek and Shane Corwin, Filing No. 195, is denied, without prejudice to reassertion as merits discovery progresses. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
March 12, 2018
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ORDER - This matter is scheduled for an evidentiary hearing on March 27, 2018, at 1:00 p.m. before United States Magistrate Judge Susan M. Bazis, in Courtroom #2271 on the 2nd Floor of the Roman L. Hruska United States Courthouse. The provisions in this order govern exhibits to be used during the evidentiary hearing. Ordered by Magistrate Judge Susan M. Bazis. (LKO)