Elvey v. TD Ameritrade, Inc.

Filing 38

Elvey v. TD Ameritrade, Inc.

Doc. 38

Case 3:07-cv-02852-MJJ

Document 38

Filed 10/09/2007

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Alan Himmelfarb LAW OFFICES OF ALAN HIMMELFARB 2757 Leonis Blvd Los Angeles, CA 90058 Telephone: [phone] Fax: [phone] [e-mail] Scott A. Kamber Ethan Preston KAMBER & ASSOCIATES, LLC 11 Broadway, 22d Floor New York, NY 10004 Telephone: [phone] Fax: [phone] [e-mail] [e-mail] Counsel for Plaintiffs 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. Judge: Martin J. Jenkins Case No. C 07 2852 MJJ STIPULATED [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

GROUNDS 1. Plaintiffs Matthew Elvey and Gadgetwiz.com filed a First Amended Complaint

against Defendant TD Ameritrade, Inc. ("TD Ameritrade"), on June 28, 2007, and Motion for Preliminary Injunction on July 10, 2007. TD Ameritrade filed a Motion to Dismiss the Plaintiffs' First Amended Complaint on July 18, 2007. -1STIPULATED [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO.: C-07-2852-MJJ Dockets.Justia.com

Case 3:07-cv-02852-MJJ

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Filed 10/09/2007

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2.

In a proposed stipulated order filed by the parties on September 24, 2007, the

parties explained that the parties are meeting and sharing information and on that basis, the parties requested that the Motion for Preliminary Injunction and Motion To Dismiss be removed from the Court's calendar. 3. On September 26, 2007, the Court entered the stipulated order removing the

motions from the Court's calendar and permitting the parties to re-notice their respective motions on fourteen days notice. 4. The discussions referenced in the September 26 stipulated order are ongoing and

the parties anticipate that those discussions will reach a conclusion concerning the direction of the litigation within approximately 30 days. Accordingly, the interests of the parties and the interests of judicial efficiency would be best served by continuing the Case Management Conference to November 13, 2007. STIPULATION 1. IT IS HEREBY STIPULATED, pursuant to Local Rule 6-2, that the Case

Management Conference shall be continued from October 16, 2007 to November 13, 2007 at 2:00 p.m. IT IS SO STIPULATED, THROUGH COUNSEL. Dated: October 9, 2007 By: /s/ Ethan Preston Counsel for Plaintiffs Matthew Elvey and Gadgetwiz, Inc. and the putative class /s/ Lee H. Rubin Mayer Brown LLP Two Palo Alto Square Suite 300 Palo Alto, California 94306 Counsel for Defendant TD AMERITRADE, Inc. -2STIPULATED [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO.: C-07-2852-MJJ

Dated: October 9, 2007

By:

Case 3:07-cv-02852-MJJ

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PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS SO ORDERED. Date: By: THE HONORABLE MARTIN J. JENKINS UNITED STATES DISTRICT COURT JUDGE

-3STIPULATED [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO.: C-07-2852-MJJ