Declaration of Jack E. Pace III in Support of Apex Motion to Dismiss (Amended Complaint) — In re January 2021 Short Squeeze Trading Litigation (Dkt. 440-1, S.D. Fla.)

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A Declaration of Jack E. Pace III in Support of Apex Motion to Dismiss in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA (Case No. 21-2989-MDL-ALTONAGA/Torres, Document 440-1, 1 page), in the U.S. District Court for the Southern District of Florida, entered November 19, 2021, relating to the Other Broker Tranche. Jack E. Pace III, a Partner at White & Case LLP, counsel for Defendant Apex Clearing Corporation, attaches as Exhibit 8 a March 4, 2021 financialplanning.com article describing an interview with Tricia Rothschild, referenced in Paragraph 84 of the Amended Complaint. Exhibit 9 is French v. Bache Halsey Stuart, Inc. (June 23, 1997) from VitalLaw, and the declaration was executed in New York, New York on November 19, 2021.

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Case 1:21-md-02989-CMA Document 440-1 Entered on FLSD Docket 11/19/2021 Page 1 of 1



                                 UNITED STATES DISTRICT COURT
                                 SOUTHERN DISTRICT OF FLORIDA

                             CASE NO. 21-2989-MDL-ALTONAGA/Torres

    IN RE:

    JANUARY 2021 SHORT SQUEEZE
    TRADING LITIGATION
    ____________________________________/

    This Document Relates to All Claims Included
    In the Other Broker Tranche
                                DECLARATION OF JACK E. PACE III
                            IN SUPPORT OF APEX MOTION TO DISMISS

             I, Jack E. Pace III, hereby declare as follows:
             1.     I am an attorney duly authorized to practice law in the State of New York and am
    authorized to appear in the above-captioned litigation pursuant to this Court’s Pretrial Order #1
    (Doc. No. 46) having filed a Certificate of Understanding on April 12, 2021 (Doc. No. 81). I am
    a Partner in the law firm of White & Case LLP, counsel for Defendant Apex Clearing
    Corporation (“Apex”). I submit this Declaration in support of Apex’s Motion to Dismiss
    Complaint Pursuant to Rules 12(b)(1) and 12(b)(6). I am familiar with the facts set forth herein,
    based on my personal knowledge of the material referenced herein.
             2.     Attached hereto as Exhibit 8 is a true and correct copy of the an article dated
    March 4, 2021, from financialplanning.com describing an interview with Tricia Rothschild,
    which Plaintiffs reference in Paragraph 84 of the Amended Complaint. Highlighting has been
    added to indicate the relevant language referred to in the Amended Complaint.
             3.     Attached hereto as Exhibit 9 is a true and correct copy of French v. Bache Halsey
    Stuart, Inc., CFTC No. R 76–17, ¶20,444 (June 23, 1997) (VitalLaw).
             I hereby declare under penalty of perjury under the laws of the United States of America
    that the foregoing is true and correct and that this declaration was executed in New York, New
    York on November 19, 2021.

                                                                               /s/ Jack E. Pace III
                                                                                  Jack E. Pace III




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