Elvey v. TD Ameritrade, Inc.

Filing 25

Elvey v. TD Ameritrade, Inc.

Doc. 25

Case 3:07-cv-02852-MJJ

Document 25

Filed 08/23/2007

Page 1 of 2

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MAYER, BROWN, ROWE & MAW LLP LEE H. RUBIN (SBN 141331) SHIRISH GUPTA (SBN 205584) Two Palo Alto Square, Suite 300 Palo Alto, CA 94306 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Counsel for Defendant TD AMERITRADE, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION MATTHEW ELVEY, an individual, and GADGETWIZ, INC., an Arizona corporation, on their own behalf and on behalf of all others similarly situated, Plaintiffs v. TD AMERITRADE, INC., a New York corporation, and DOES 1 to 100, Defendants. Case No. C-07-2852 MJJ SUPPLEMENTAL DECLARATION OF LEE H. RUBIN IN SUPPORT OF DEFENDANT TD AMERITRADE INC.'S REPLY TO ITS MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MOTION FOR CLASS CERTIFICATION Hon. Martin J. Jenkins Date: September 18, 2007 Time: 9:30 a.m. Location: Courtroom 11, 19th Floor 450 Golden Gate Ave. San Francisco, CA 94102

SUPPLEMENTAL RUBIN DECLARATION ISO REPLY TO MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION; CASE NO. C 07 2852 MJJ Dockets.Justia.com

Case 3:07-cv-02852-MJJ

Document 25

Filed 08/23/2007

Page 2 of 2

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1.

I am an attorney admitted to practice in the state of California and before this

Court. I am a partner with the law firm of Mayer, Brown, Rowe & Maw LLP, counsel for Defendant TD Ameritrade, Inc. ("TD AMERITRADE") in the above-titled action. I make this supplemental declaration in support of Defendant TD Ameritrade, Inc.'s Reply to Its Motion For Extension Of Time To File Opposition To Plaintiffs' Motion For Preliminary Injunction And Motion For Class Certification, filed herewith. I make this declaration based on my own personal knowledge, and could and would testify competently hereto. 2. Over the past two weeks, I have been negotiating a stipulated protective order

with Scott Kamber, lead counsel for Plaintiffs. Despite exchanging several drafts and making significant progress, the parties have not reached agreement on the terms of a stipulated protective order. 3. Mr. Kamber is currently traveling in Southeast Asia. I intend to continue to try to

reach agreement with Mr. Kamber on a stipulated protective order in the coming days, to the extent that I have the ability to communicate with him while he is out of the country. 4. I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct. Executed this 23rd day of August, 2007, in Palo Alto, California. /s/ Lee H. Rubin Lee H. Rubin

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SUPPLEMENTAL RUBIN DECLARATION ISO REPLY TO MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION; CASE NO. C 07 2852 MJJ