Declaration of Peter Safirstein in Support of Plaintiffs' Opposition to Apex's Rule 12 Motion to Dismiss — In re January 2021 Short Squeeze Trading Litigation (Dkt. 494-1, S.D. Fla.)

Summary

A Declaration of Peter Safirstein in Support of Plaintiffs' Opposition to Apex's Rule 12 Motion to Dismiss Filed June 22, 2022 in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA (Case No. 21-2989-MDL-ALTONAGA/Torres, Document 494-1, 3 pages), in the U.S. District Court for the Southern District of Florida, entered July 6, 2022. Peter Safirstein of Safirstein Law LLC, Lead Counsel in the Other Broker Tranche, attaches the SEC's Staff Report on Equity and Options Market Structure Conditions in Early 2021, dated October 14, 2021, and a document produced by DTCC that ¶ 82 of Plaintiffs' Complaint references. The declaration quotes Apex's list of memberships, from FINRA and SIPC to exchanges and clearing agencies, gives the New York addresses of NASDAQ and DTCC, and is dated July 6, 2022 in Ridgewood, New Jersey.

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Date: 2021-04-20

Cite this document

“Declaration of Peter Safirstein in Support of Plaintiffs' Opposition to Apex's Rule 12 Motion to Dismiss (Dkt. 494-1).” Original at archive.org, dated 2021-04-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-20-covid-era-misc-f720f549-1/, SHA-256 f720f549c73020521b5e0bfd7989cd489191d3af55871c87a257b815b9d54d9e.

Full text

Case 1:21-md-02989-CMA Document 494-1 Entered on FLSD Docket 07/06/2022 Page 1 of 3

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 PETER SAFIRSTEIN IN SUPPORT OF PLAINTIFFS’
OPPOSITION TO APEX’S RULE 12 MOTION TO DISMISS
FILED JUNE 22, 2022

I, PETER SAFIRSTEIN, hereby declare under the penalty of perjury, as follows:

1. I am an attorney duly authorized to practice law in the States of New York
and New Jersey and filed a Certificate of Understanding in this Court on April 20, 2021.
(Doc. No. 212). I am a Partner in the law firm of Safirstein Law LLC, counsel for Plaintiffs
in the above captioned matter and appointed Lead Counsel in the Other Broker Tranche
pursuant to this Court’s Order dated May 18, 2021 (Doc. No. 310). I submit this
Declaration in support of Plaintiffs’ Opposition to Apex’s Rule 12 Motion to Dismiss Files
Jun3 22, 2022. I am familiar with the facts set forth herein, based on my personal
knowledge of the material referenced herein.
2. Attached hereto as Exhibit 1 is the SEC’s “Staff Report on Equity and
Options Market Structure Conditions in Early 2021” dated October 14, 2021 (“SEC
Report”) available at https://www.sec.gov/files/staff-report-equity-options-market-
struction-conditions-early-2021.pdf

1
Case 1:21-md-02989-CMA Document 494-1 Entered on FLSD Docket 07/06/2022 Page 2 of 3

3. Attached hereto as Exhibit 2 is a true and correct copy of a document
produced in this litigation by DTCC (DTCC_MDL_00000326-7). This document is
referenced in ¶ 82 of Plaintiffs’ Complaint.
4. “Apex Clearing Corporation is a member of the following: Financial
Industry Regulatory Authority "FINRA", Securities Investor Protection Corporation
"SIPC", New York Stock Exchange, NYSE Area, Inc., CBOE BYX Exchange, Inc.,
CBOE BZX Exchange, Inc., BOX Options Exchange LLC, CBOE 2 Exchange, Inc.,
CBOE Exchange, Inc., CBOE EDGA Exchange, Inc., CBOE EDGX Exchange, Inc.,
Nasdaq ISE LLC, Nasdaq BX Inc., Nasdaq PHLX, LLC., Nasdaq Stock Market,
Investors' Exchange LLC, MIAX Pearl Exchange llC, Chicago Stock Exchange, Miami
International Securities Exchange LLC, Options Clearing Corporation, National
Securities Clearing Corporation, Depository Trust Company, Fixed Income Clearing
Corporation, Mortgage Backed Securities Clearing Corporation, Government Securities
Clearing Corporation, National Futures Association, Euroclear, Commodities Futures
Trading Commission, and Municipal Securities Rulemaking Board.pex is a member of
the New York Stock Exchange and a member of the NASD.” Apex Clearing Corporation
2019 Annual Report Filed on Form X-17A-5. Apex membership confirmed for 2021 and
2022 on New York Stock Exchange and NASDAQ websites available
at https://www.nyse.com/markets/nyse-american/membership#directory and
http://www.nasdaqtrader.com/Trader.aspx?id=Membership.
5. The common stock of AMC Entertainment Holdings Inc. (ticker: AMC) is
listed on the New York Stock Exchange. The common stock of GameStop Corporation
(ticker: GME) is listed on the New York Stock Exchange. New York Stock Exchange
Listings are available for review at https://www.nyse.com/listings_directory/stock. The
New York Stock Exchange is located at 11 Wall Street, New York, NY 10005.
6. The common stock of Koss Corporation (ticker: KOSS) Entertainment

Holdings Inc. (ticker: AMC) is listed on NASDAQ. This NASDAQ listing is available

for review at https://www.nasdaq.com/market-activity/stocks/koss. NASDAQ, Inc.’s

principal executive offices are located at 151 W. 42nd Street, New York, New York

10036.

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Case 1:21-md-02989-CMA Document 494-1 Entered on FLSD Docket 07/06/2022 Page 3 of 3

7. The Depository Trust & Clearing Corporation (“DTCC”) is headquartered

at 55 Water Street, New York, NY 10041. See:

https://www.bloomberg.com/profile/company/ 592256Z:US.

Declared, pursuant to 28 U.S.C. §1746, under the penalty of perjury, this

6th day of July, 2022 in Ridgewood, New Jersey.

/s/Peter Safirstein__
Peter Safirstein

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SHA-256: f720f549c73020521b5e0bfd7989cd489191d3af55871c87a257b815b9d54d9e
Our copy: gov.uscourts.flsd.590042.494.1.pdf
Original: archive.org