United States Court of Appeals for the Eleventh Circuit, Appeal Number 23-10436-D (Peter Jang, et al v. Apex Clearing Corporation) — In re January 2021 Short Squeeze Trading Litigation (Dkt. 529, S.D. Fla.)

Summary

A letter from the Clerk of Court of the United States Court of Appeals for the Eleventh Circuit, David J. Smith, dated February 14, 2023 and entered on the FLSD docket February 15, 2023 as Document 529 in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA, U.S. District Court for the Southern District of Florida. Addressed to Gary S. Graifman and Peter Safirstein, the letter assigns Appeal Number 23-10436-D to Peter Jang, et al v. Apex Clearing Corporation and sets out the electronic filing rules and the Certificate of Interested Persons due under FRAP 26.1. The three-page docket entry closes with the text of a notice of appeal dated February 6, 2023, signed by Peter Safirstein as Plaintiffs' Lead Counsel for the Other Broker Tranche, from the order granting Apex's Motion to Dismiss [ECF No. 491] and dismissing the complaint [ECF No. 483] with prejudice.

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Date: 2023-02-14

Cite this document

“United States Court of Appeals for the Eleventh Circuit, Appeal Number 23-10436-D… (Dkt. 529).” Original at archive.org, dated 2023-02-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-14-peter-jang-et-al-v-apex-clearing-corporation/, SHA-256 f4d6b4830876924b203c573330f792b4cc6109eac5472bed573fcaa238e4bedc.

Full text

Case 1:21-md-02989-CMA Document 529 Entered on FLSD Docket 02/15/2023 Page 1 of 3
USCA11 Case: 23-10436 Document: 2-1 Date Filed: 02/10/2023 Page: 1 of 2

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

David J. Smith For rules and forms visit
Clerk of Court www.ca11.uscourts.gov

February 14, 2023

Gary S. Graifman
Kantrowitz Goldhamer & Graifman, PC
16 SQUADRON BLVD STE 106 JE
NEW CITY, NY 10956

Peter Safirstein Feb 14, 2023
Safirstein Law, LLC
45 N BROAD ST STE 100
RIDGEWOOD, NJ 07450 MIAMI

Appeal Number: 23-10436-D
Case Style: Peter Jang, et al v. Apex Clearing Corporation
District Court Docket No: 1:21-md-02989-CMA

Please use the appeal number for all filings in this Court.

Electronic Filing
All counsel must file documents electronically using the Electronic Case Files ("ECF") system,
unless exempted for good cause. Although not required, non-incarcerated pro se parties are
permitted to use the ECF system by registering for an account at www.pacer.gov. Information and
training materials related to electronic filing are available on the Court's website.

Certificate of Interested Persons and Corporate Disclosure Statement ("CIP")
Every motion, petition, brief, answer, response, and reply must contain a CIP. See FRAP 26.1; 11th
Cir. R. 26.1-1. In addition:

• Appellants/Petitioners must file a CIP within 14 days after this letter's date.
• Appellees/Respondents/Intervenors/Other Parties must file a CIP within 28 days after this
letter's date, regardless of whether Appellants/Petitioners have filed a CIP.
• Only parties represented by counsel must complete the web-based CIP. Counsel must
complete the web-based CIP, through the Web-Based CIP link on the Court's website, on the
same day the CIP is first filed.

The failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case
or appeal under 11th Cir. R. 42-1(b), no action taken on deficient documents, or other sanctions on
counsel, the party, or both. See 11th Cir. R. 26.1-5(c).
Case 1:21-md-02989-CMA Document 529 Entered on FLSD Docket 02/15/2023 Page 2 of 3
USCA11 Case: 23-10436 Document: 2-1 Date Filed: 02/10/2023 Page: 2 of 2

Civil Appeal Statement
Appellants and Cross-Appellants must file a Civil Appeal Statement, which is available on the
Court's website, within 14 days after this letter's date. See 11th Cir. R. 33-1(a).

Mediation
This appeal and all related matters will be considered for mediation by the Kinnard Mediation
Center. The mediation services are free, and the mediation process is confidential. You may
confidentially request mediation by calling the Kinnard Mediation Center at 404-335-6260 (Atlanta)
or 305-714-1900 (Miami). See 11th Cir. R. 33-1.

Attorney Admissions
Attorneys who wish to participate in this appeal must be properly admitted either to the bar of this
court or for this particular proceeding, See 11th Cir. R. 46-1; 46-3; 46-4. In addition, all attorneys
(except court-appointed attorneys) who wish to participate in this appeal must file an appearance
form within fourteen (14) days after this letter's date. The Application for Admission to the Bar and
Appearance of Counsel Form are available on the Court's website. The clerk generally may not
process filings from an attorney until that attorney files an appearance form. See 11th Cir. R.
46-6(b).

Defaults
Pursuant to 11th Cir. R. 42-1(b), this appeal will be dismissed after 14 days and without further
notice unless the following default(s) have been corrected:

Transcript Information Form
Pursuant to FRAP 10(b), the appellant must, within 14 days, file a Transcript Information Form,
which is available on the Court's website. See FRAP 10(b)(1); 11th Cir. R. 10-1. See 11th Cir. R.
12-1 and 31-1.

Obligation to Notify Court of Change of Addresses
Each pro se party and attorney has a continuing obligation to notify this Court of any changes to the
party's or attorney's addresses during the pendency of the case in which the party or attorney is
participating. See 11th Cir. R. 25-7.

Clerk's Office Phone Numbers
General Information 404-335-6100
New / Before Briefing Cases 404-335-6135
Cases in Briefing / After Opinion 404-335-6130
Cases Set for Oral Argument 404-335-6141
Capital Cases 404-335-6200
Attorney Admissions 404-335-6122
CM/ECF Help Desk 404-335-6125

DKT-2 Appeal WITH Deficiency
Case 1:21-md-02989-CMA Document 528
529 Entered on FLSD Docket 02/06/2023
02/15/2023 Page 1
3 of 2
3
USCA11 Case: 23-10436 Document: 2-2 Date Filed: 02/10/2023 Page: 1 of 2

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 the Other Broker Tranche

NOTICE OF APPEAL

PLEASE TAKE NOTICE that Plaintiffs Peter Jang and Erik Chavez (collectively,

“Plaintiffs”), on behalf of themselves and others similarly situated, appeal to the United States

Court of Appeals for the Eleventh Circuit from the final Order entered on January 9, 2023 [ECF

No. 525], which granted Defendant Apex Clearing Corporation’s Motion to Dismiss [ECF No.

491], and dismissed Plaintiffs’ Amended Consolidated Class Action Complaint [ECF No. 483]

with prejudice. A copy of the Order is attached as Exhibit “A” hereto.

Dated: February 6, 2023 Respectfully submitted,

/s/ Peter Safirstein
SAFIRSTEIN LAW LLC
Peter Safirstein
45 N. Broad Street
Suite 100
Ridgewood, NJ 07450
Tel: 917-952-9458
Email: psafirstein@safirsteinlaw.com

Plaintiffs’ Lead Counsel for the
Other Broker Tranche

File and source

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Our copy: gov.uscourts.flsd.590042.529.0.pdf
Original: archive.org