Elvey v. TD Ameritrade, Inc.

Filing 40

Case 3:07-cv-02852-MJJ

Document 40

Filed 11/06/2007

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1 David C. Parisi, Esq. (162248) Suzanne Havens Beckman, Esq. (188814) 2 PARISI & HAVENS LLP 15233 Valleyheart Drive 3 Sherman Oaks, California 91403 [phone] (phone) 4 [phone] (facsimile) [e-mail] 5 [e-mail] 6 Attorneys for plaintiff Brad Zigler, on behalf of himself, the general public and all 7 others similarly situated 8 9 10 11 12 13 14 15 16 17 18 Pursuant to Civil L.R. 3-12, plaintiff Brad Zigler ("plaintiff") hereby submits this 19 Administrative Motion to Consider Whether Cases Should be Related. 20 21 22 23 24 25 26 27 28
PARISI & HAVENS LLP
15233 Valleyheart Drive Sherman Oaks, CA 91403 [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELVEY, et al. Plaintiffs v. TD AMERITRADE, INC., et al. Defendants. Case No.: C-07-2852 MJJ ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED [Filed pursuant to Civil L.R. 3-12]

The two cases which plaintiff believes should be related are as follows: 1. Elvey v. TD Ameritrade, Inc., Case No. C 07 2852 MJJ, assigned to the Honorable Martin J. Jenkins. The complaint in this action was originally filed on May 31, 2007. 2. Zigler v. TD Ameritrade, Inc., Case No. C 07 4903 MMC, assigned to the Honorable Maxine M. Chesney. The complaint in this action was filed on September 21, 2007.

Case No. C 07 2852 MJJ Case No. C 07 4903 MMC

Case 3:07-cv-02852-MJJ

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Filed 11/06/2007

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The Elvey and Zigler matters concern substantially the same parties and allegations.

2 Each complaint alleges a National class action against TD Ameritrade, Inc. ("Defendant 3 Ameritrade") for its failure to secure the personal and private information of its customers, 4 the purported class members, which resulted in class members receiving spam and the 5 release of their confidential information to persons in the general public. Each action also 6 alleges that Defendant Ameritrade was aware that unauthorized individuals had accessed the 7 data files containing private information of the purported class, including social security 8 numbers. Further, each complaint alleges that Defendant Ameritrade did not act to fix the 9 security breach and that it profited from the improper disclosure of class members' private 10 information. 11 12 Accordingly, plaintiff requests that the Elvey and Zigler actions be deemed related

13 pursuant to Civil L.R. 3-12, and the Honorable Martin Jenkins, assigned to the earlier-filed 14 Elvey action, preside over both matters. 15 16 DATED: November 2, 2007 17 18 19 20 21 22 23 24 25 26 27 28
PARISI & HAVENS LLP
15233 Valleyheart Drive Sherman Oaks, CA 91403 [phone]

PARISI & HAVENS LLP

By: /s/ David C.Parisi______________________ David C. Parisi Suzanne Havens Beckman Attorneys for plaintiff Brad Zigler, on behalf of himself, the general public and all others similarly situated

-2Administrative Motion to Consider Whether Cases Should be Related Case No. 07 2852 MJJ Case No. 07 4903 MMC

Case 3:07-cv-02852-MJJ

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Filed 11/06/2007

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CERTIFICATE OF SERVICE Pursuant to 28 U.S.C. §1746, I hereby certify that on November 2, 2007, I

3 electronically filed the foregoing with the Clerk of the Court using the CM/ECF system 4 which will send notification of such filing to the e-mail addresses on the attached attorney 5 list for Case No. 07 2825 MJJ, and that this filing will also notify the only other party in 6 Case No. 07 4903 MMC. 7 8 DATED: November 2, 2007 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PARISI & HAVENS LLP
15233 Valleyheart Drive Sherman Oaks, CA 91403 [phone]

PARISI & HAVENS LLP

By: /c/ David C. Parisi______________________ David C. Parisi Suzanne Havens Beckman Attorneys for plaintiff Brad Zigler, on behalf of himself, the general public and all others similarly situated

-3Administrative Motion to Consider Whether Cases Should be Related Case No. 07 2852 MJJ Case No. 07 4903 MMC