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In re TD Ameritrade, Inc.

Citation: 438 F. App'x 905Docket: Misc. Nos. 107, 109

Court: Court of Appeals for the Federal Circuit; November 22, 2011; Federal Appellate Court

Narrative Opinion Summary

Scottrade, Inc. petitions for a writ of mandamus to compel the United States District Court for the Eastern District of Texas to vacate its order that denied Scottrade’s motion to sever and transfer. Scottrade seeks to have the case severed and transferred to the United States District Court for the Eastern District of Missouri. Additionally, the court reconsiders its prior order regarding Ganas LLC's response in In re TD Ameritrade, Inc. (2012-M107). The court vacates its previous directive for Ganas LLC to respond by December 1, 2011, and instead instructs Ganas LLC to file a combined response for both 2012-M107 and 2012-M109 by December 8, 2011, limited to 40 pages.

Legal Issues Addressed

Jurisdictional Transfer of Cases

Application: Scottrade requests the transfer of the case to the United States District Court for the Eastern District of Missouri as part of its legal strategy.

Reasoning: Scottrade seeks to have the case severed and transferred to the United States District Court for the Eastern District of Missouri.

Mandamus to Compel Severance and Transfer

Application: Scottrade, Inc. seeks a writ of mandamus to compel the district court to vacate its order denying Scottrade's motion to sever and transfer the case to another jurisdiction.

Reasoning: Scottrade, Inc. petitions for a writ of mandamus to compel the United States District Court for the Eastern District of Texas to vacate its order that denied Scottrade’s motion to sever and transfer.

Modification of Prior Court Orders

Application: The court revises an earlier order regarding the response deadline for Ganas LLC, allowing for a consolidated response for related cases with an extended deadline and page limit.

Reasoning: The court vacates its previous directive for Ganas LLC to respond by December 1, 2011, and instead instructs Ganas LLC to file a combined response for both 2012-M107 and 2012-M109 by December 8, 2011, limited to 40 pages.