Plaintiff alleges that TD Ameritrade provided its accountholders' private email addresses to spammers, which sent and continue to send unsolicited commercial email to private email addresses.
Date Filed
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#
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Docket Text
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| May 31, 2007 |
1
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CLASS ACTION COMPLAINT - [Summons Issued] against TD Ameritrade, Inc., [Filing Fee: $350.00, Receipt Number 34611006894]. Filed by Plaintiff Matthew Elvey. (tn, COURT STAFF) (Filed on
5/31/2007) (Entered: June 1, 2007)
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| May 31, 2007 |
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SUMMONS Issued as to Defendant TD Ameritrade, Inc.. (tn, COURT STAFF) (Entered: June 1, 2007)
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| May 31, 2007 |
2
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ADR SCHEDULING ORDER: Case Management Statement due 9/7/2007 & Initial Case Management Conference set for 9/14/2007 at 4:00 PM.. (Attachments: #(1) BZ Standing Order). (tn, COURT STAFF)
(Filed on 5/31/2007) Additional attachment(s) added on 6/1/2007 (tn, COURT STAFF). (Entered: June 1, 2007)
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| May 31, 2007 |
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CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: June 1, 2007)
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| June 5, 2007 |
3
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"AMENDED" ADR SCHEDULING ORDER: Case Management Statement due 9/10/2007 & Initial Case Management Conference set for 9/17/2007 at 4:00 PM.. (Attachments: #(1) BZ Standing Order). (tn,
COURT STAFF) (Filed on 6/5/2007) Additional attachment(s) added on 6/6/2007 (tn, COURT STAFF). (Entered: June 6, 2007)
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| June 6, 2007 |
4
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SERVICE OF SUMMONS Returned Executed Filed by Plaintiff Matthew Elvey Upon Defendant TD Ameritrade, Inc., Served Personally to CSC Corp-Rhonda McCarty, Person authorized to accept service
of process on 6/1/2007. (tn, COURT STAFF) (Filed on 6/6/2007) (Entered: June 7, 2007)
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| June 20, 2007 |
5
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STIPULATION TO FILE AN AMENDED COMPLAINT by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 6/20/2007) (Entered: June 20, 2007)
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| June 26, 2007 |
6
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Declination to Proceed Before a U.S. Magistrate Judge by TD Ameritrade, Inc. AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE. (Rubin, Lee) (Filed on 6/26/2007)
(Entered: June 26, 2007)
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| June 27, 2007 |
7
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CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, COURT STAFF) (Filed on 6/27/2007) (Entered: June 27, 2007)
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| June 28, 2007 |
8
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ORDER REASSIGNING CASE. Case reassigned to Judge Martin J. Jenkins for all further proceedings. Judge Bernard Zimmerman no longer assigned to the case. Signed by Executive Committee on
06/28/07. (mab, COURT STAFF) (Filed on 6/28/2007) (Entered: June 28, 2007)
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| June 28, 2007 |
9
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AMENDED COMPLAINT against all defendants. Filed byGadgetwiz.com, Inc., Matthew Elvey. (Himmelfarb, Alan) (Filed on 6/28/2007) (Entered: June 28, 2007)
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| June 29, 2007 |
10
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CLERK'S NOTICE - Case Management Conference in reassigned case set for 9/18/2007 02:00 PM, Courtroom 11, 19th Floor, before Hon. Martin J. Jenkins. Joint Case Management Statement due by
9/11/2007. (epb, COURT STAFF) (Filed on 6/29/2007) (Entered: June 29, 2007)
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| July 10, 2007 |
11
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MOTION for Preliminary Injunction and for Class Certification filed by Matthew Elvey, Gadgetwiz.com, Inc.. Motion Hearing set for 8/14/2007 09:30 AM in Courtroom 11, 19th Floor, San
Francisco. (Attachments: # 1 Declaration of Matthew Elvey# 2 Declaration of Joel Griffiths# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J)(Himmelfarb, Alan) (Filed on 7/10/2007) (Entered: July 10, 2007)
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| July 11, 2007 |
12
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NOTICE by Matthew Elvey, Gadgetwiz.com, Inc. re 11 MOTION for Preliminary
Injunction and for Class Certification of Lodging Proposed Order (Himmelfarb, Alan) (Filed on 7/11/2007) (Entered: July 11, 2007)
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| July 18, 2007 |
13
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MOTION to Dismiss First Amended Complaint filed by TD Ameritrade, Inc.. Motion Hearing set for 8/28/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Attachment A)(Rubin, Lee) (Filed on 7/18/2007) (Entered: July 18, 2007)
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| July 18, 2007 |
14
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Proposed Order re 13 MOTION to Dismiss First Amended Complaint by
TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 7/18/2007) (Entered: July 18, 2007)
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| July 20, 2007 |
15
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STIPULATION AND [PROPOSED] ORDER RESETTING MOTION TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 7/20/2007) (Entered: July 20, 2007)
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| July 26, 2007 |
16
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ORDER re 15 Stipulation filed by TD Ameritrade, Inc. Motion re:
Preliminary Injunction, Dismiss Hearing of 8/28/07 vacated and reset for 9/18/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. Oppos. to motion prelim. inj. due 8/23/07; oppos. to
motion dismiss due 8/27/07; respective reply briefs due 9/4/07. Signed by Judge Martin J. Jenkins on 7/25/07. (epb, COURT STAFF) (Filed on 7/26/2007) (Entered: July 26, 2007)
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| July 26, 2007 |
17
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CLERK'S NOTICE - Case Management Conference set for 10/16/2007 02:00 PM, before Hon. Martin J. Jenkins, Courtroom 11, 19th Floor, San Franciscso. Joint Case Management Statement due by
10/9/2007. (epb, COURT STAFF) (Filed on 7/26/2007) (Entered: July 26, 2007)
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| August 21, 2007 |
18
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NOTICE by TD Ameritrade, Inc. Notice of Change of Firm Name (Gupta, Shirish) (Filed on 8/21/2007) (Entered: August 21, 2007)
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| August 22, 2007 |
19
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MOTION for Extension of Time to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed by TD Ameritrade, Inc.. Motion Hearing set for
9/18/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Rubin, Lee) (Filed on 8/22/2007) (Entered: August 22, 2007)
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| August 22, 2007 |
20
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Declaration of LEE H. RUBIN in Support of 19 MOTION for Extension of Time
to File OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed byTD Ameritrade, Inc.. (Related document(s)19) (Rubin, Lee) (Filed on 8/22/2007) (Entered: August 22, 2007)
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| August 22, 2007 |
21
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Proposed Order re 19 MOTION for Extension of Time to File OPPOSITION
TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/22/2007) (Entered: August 22, 2007)
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| August 23, 2007 |
22
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MEMORANDUM in Opposition re 19 MOTION for Extension of Time to File
OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Related document(s)19) (Himmelfarb, Alan) (Filed on 8/23/2007) (Entered: August 23, 2007)
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| August 23, 2007 |
23
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DECLARATION of Ethan Preston and Matthew Elvey in Opposition to 22
Memorandum in Opposition, filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Related document(s)22) (Himmelfarb, Alan) (Filed on 8/23/2007) (Entered: August 23, 2007)
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| August 23, 2007 |
24
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REPLY to Response to Motion re 19 MOTION for Extension of Time to File
OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND CLASS CERTIFICATION filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/23/2007) (Entered: August 23, 2007)
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| August 23, 2007 |
25
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Declaration of LEE H. RUBIN in Support of 24 Reply to Response to Motion
filed byTD Ameritrade, Inc.. (Related document(s)24) (Rubin, Lee) (Filed
on 8/23/2007) (Entered: August 23, 2007)
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| August 23, 2007 |
26
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Memorandum in Opposition re 11 MOTION for Preliminary Injunction and
for Class Certification filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/23/2007) (Entered: August 23, 2007)
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| August 23, 2007 |
27
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Declaration of DAVID HALE in Support of 26 Memorandum in Opposition TO
PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MOTION FOR CLASS CERTIFICATION filed byTD Ameritrade, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Related document(s)26) (Rubin, Lee) (Filed on 8/23/2007) (Entered: August 23, 2007)
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| August 27, 2007 |
28
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Memorandum in Opposition re 13 MOTION to Dismiss First Amended
Complaint filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Himmelfarb, Alan) (Filed on 8/27/2007) (Entered: August 27, 2007)
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| August 31, 2007 |
29
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Proposed Order STIPULATED PROPOSED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 8/31/2007) (Entered: August 31, 2007)
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| September 4, 2007 |
30
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Reply Memorandum re 13 MOTION to Dismiss First Amended Complaint
filed byTD Ameritrade, Inc.. (Rubin, Lee) (Filed on 9/4/2007) (Entered: September 4, 2007)
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| September 4, 2007 |
31
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Reply Memorandum re 11 MOTION for Preliminary Injunction and for Class
Certification filed byMatthew Elvey, Gadgetwiz.com, Inc.. (Attachments: # 1 Declaration of Ethan Preston)(Himmelfarb, Alan) (Filed on 9/4/2007) (Entered:
09/04/2007)
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| September 5, 2007 |
32
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STIPULATED PROTECTIVE ORDER - Signed by Judge Martin J. Jenkins on 9/4/07. (epb, COURT STAFF) (Filed on 9/5/2007) (Entered: September 5, 2007)
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| September 10, 2007 |
33
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STIPULATION and Proposed Order Continuing the Hearing Dates on Motions to Dismiss and for Preliminary Injunction by TD Ameritrade, Inc.. (Gupta, Shirish) (Filed on 9/10/2007)
(Entered: September 10, 2007)
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| September 12, 2007 |
34
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ORDER re 33 Stipulation filed by TD Ameritrade, Inc. Signed by Judge
Martin J. Jenkins on 9/11/07. (aaa, Court Staff) (Filed on 9/12/2007) (Entered: September 12, 2007)
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| September 12, 2007 |
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Set/Reset Deadlines as to 11 MOTION for Preliminary Injunction and for
Class Certification, 13 MOTION to Dismiss First Amended
Complaint. Motion Hearing set for 10/2/2007 09:30 AM. (aaa, Court Staff) (Filed on 9/12/2007) (Entered: September 12, 2007)
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| September 26, 2007 |
35
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STIPULATION AND ORDER removing the hearing dates on the motions to dismiss and for preliminary injunction from the court calendar. Signed by Judge Martin J. Jenkins on 09/26/07. (rbe, COURT
STAFF) (Filed on 9/26/2007) (Entered: September 26, 2007)
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| September 28, 2007 |
36
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MOTION of Ethan Preston for leave to appear in Pro Hac Vice (Filing fee $ 210, receipt number 34611010945) filed by Matthew Elvey, Gadgetwiz.com, Inc.. (slh, COURT STAFF) (Filed on
9/28/2007) (Entered: October 2, 2007)
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| October 3, 2007 |
37
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ORDER by Judge Martin J. Jenkins granting [36] Motion for Pro Hac Vice of Ethan Preston. (rbe, COURT STAFF) (Filed on 10/3/2007) (Entered: October 3, 2007)
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| October 9, 2007 |
38
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STIPULATION [Proposed] Order Continuing Case Management Conference by TD Ameritrade, Inc.. (Rubin, Lee) (Filed on 10/9/2007) (Entered: October 9, 2007)
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| October 11, 2007 |
39
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STIPULATION AND ORDER continuing the Case Management Conference to 12/4/2007 at 02:00 PM. Signed by Judge Martin J. Jenkins on 10/11/07. (rbe, COURT STAFF) (Filed on 10/11/2007) (Entered:
10/11/2007)
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| November 6, 2007 |
40
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Third Party MOTION to Relate Case filed by Brad Zigler. (Parisi, David) (Filed on 11/6/2007) (Entered: November 6, 2007)
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| November 12, 2007 |
41
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*** FILED IN WRONG CASE. NO NEW DOCUMENT. ***
Proposed Order Continuing Hearing Date on Motions to Dismiss and for Preliminary Injunction by TD Ameritrade, Inc.. (Gupta, Shirish) (Filed on 11/12/2007) Modified on 11/13/2007
(ewn, COURT STAFF). (Entered: November 12, 2007)
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| November 14, 2007 |
42
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ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 11/14/2007) (Entered: November 14, 2007)
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