Elvey v. TD Ameritrade, Inc.

Filing 42

Elvey v. TD Ameritrade, Inc.

Doc. 42

Case 3:07-cv-02852-MJJ

Document 42

Filed 11/14/2007

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Northern District of California

UNITED STATES DISTRICT COURT
Northern District of California Elvey, Plaintiff(s), v. TD Ameritrade, Inc., Defendant(s). 07-02852 MJJ NOTICE RE: NONCOMPLIANCE WITH COURT ORDER

United States District Court

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The parties have failed to file an ADR Certification and either a Stipulation and [Proposed] Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference as required by the Initial Case Management Scheduling Order. Counsel shall Meet and Confer forthwith in an attempt to agree on an ADR process for this matter. Thereafter, counsel, on behalf of themselves and each party, promptly shall file an ADR Certification and either 1) a Stipulation and [Proposed] Order Selecting ADR Process, or 2) a Notice of Need for ADR Phone Conference (Civil L.R. 16-8(b), ADR L. R. 3-5(b) Civil L.R. 16-8(c), ADR L. R. 3-5(c), (d)). (These forms are available at www.adr.cand.uscourts.gov.)

Further, in accordance with ADR L.R. 3-5(e) counsel shall concurrently provide a copy of all documents filed pursuant to this notice directly to the ADR Unit either by fax [phone]), hand delivery (ADR Program, USDC, Northern District of California, Notice Re: Noncompliance With Court Order 07-02852 MJJ -1Dockets.Justia.com

Case 3:07-cv-02852-MJJ

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Northern District of California

450 Golden Gate Avenue, 16th Floor, San Francisco, California), or by PDF attachment to an e-mail directed to [e-mail].

It is the responsibility of counsel to schedule an ADR Phone Conference, if required, to occur before the Case Management Conference.

Dated: November 14, 2007 RICHARD W. WIEKING Clerk by: Timothy J. Smagacz

United States District Court

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Case 3:07-cv-02852-MJJ

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PROOF OF SERVICE Case Name: Case Number: Elvey v. TD Ameritrade, Inc. 07-02852 MJJ

I declare that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. I am over the age of eighteen (18) years and not a party to the action. My business address is: ADR Program United States District Court Norther District of California 450 Golden Gate Avenue Floor 16 San Francisco, CA 94102 On November 14, 2007, I served a true and correct copy of: Notice Re: Noncompliance With Court Order [X] electronically, I caused said documents to be transmitted using ECF as specified by General Order No. 45 to the following parties: Scott A Kamber Kamber & Associates, LLC 11 Broadway, 22nd Floor New York, NY 10004 [e-mail] Ethan Mark Preston KamberEdelson, LLC 53 W. Jackson Suite 1530 Chicago, IL 60604 [e-mail] Alan Himmelfarb Law Offices of Himmelfarb & Himmelfarb 2757 Leonis Boulevard Los Angeles, CA 90058 [e-mail] Lee H. Rubin Mayer Brown LLP

Case 3:07-cv-02852-MJJ

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Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 [e-mail] Shirish Gupta Mayer Brown LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 [e-mail] David Christopher Parisi Parisi & Havens LLP 15233 Valleyheart Drive Sherman Oaks, CA 91403 [e-mail]

[ ] by Facsimile, I caused said documents to be transmitted to the following parties by fax machine: [ ] by U. S. Mail, I placed a true copy in a sealed envelope with postage fully prepaid in the United States Post Office Mail Box in San Francisco, California, addressed as follows:

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 14, 2007 in San Francisco, Cali forni a . RICHARD W. WIEKING Clerk by: Timothy J. Smagacz ADR Administrative Assistant 415-522-4205 [e-mail]