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Order (Plaintiffs' Expedited Motion for Expansion of Page Limitations for Briefing on the Motion for Class Certification) — In re January 2021 Short Squeeze Trading Litigation (Dkt. 558, S.D. Fla.)

Summary

An Order (Document 558) 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, entered on the FLSD docket April 27, 2023 and done and ordered in Miami, Florida on April 26, 2023 above the name of Chief United States District Judge Cecilia M. Altonaga. The order grants in part Plaintiffs' Expedited Motion for Expansion of Page Limitations for Briefing on the Motion for Class Certification [ECF No. 549], filed April 21, 2023, after a Response [ECF No. 556] by the Robinhood defendants and a Reply [ECF No. 557]. Noting that Plaintiffs requested 30, 40 and 30 pages and Defendants proposed 40, 40 and 20, it sets 25 pages for the motion, 35 pages for the response and 25 pages for the reply. It reminds Plaintiffs, citing SEC v. Keener, that arguments raised for the first time in a reply will not be considered.

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“Order… (Dkt. 558).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-04-21-see-sec-v-keener-no-1/, SHA-256 2a979cd10511d564fd9bc9f04ad837ac65b99b63dd08d4b1bf0e65f47a9805b9.

Full text

Case 1:21-md-02989-CMA Document 558 Entered on FLSD Docket 04/27/2023 Page 1 of 2



                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

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

   In re:

   JANUARY 2021 SHORT SQUEEZE
   TRADING LITIGATION
   _________________________________/

   This Document Relates to All Actions Involving the Federal Securities Laws

                                                 ORDER

            THIS CAUSE came before the Court on Plaintiffs’ Expedited Motion for Expansion of

   Page Limitations for Briefing on the Motion for Class Certification [ECF No. 549], filed on April

   21, 2023. Defendants Robinhood Markets, Inc.; Robinhood Financial, LLC; and Robinhood

   Securities, LLC filed a Response [ECF No. 556], to which Plaintiffs filed a Reply [ECF No. 557].

            Absent the Court’s prior permission, a motion and its opposition may not exceed 20 pages;

   a reply is limited to 10 pages. See S.D. Fla. L.R. 7.1(c)(2). With respect to their motion for class

   certification to be filed on April 28, 2023, Plaintiffs request page limits of 30 pages for the motion,

   40 pages for the response, and 30 pages for the reply. (See Mot. 2). 1 Defendants concur that the

   default page limits should be expanded, but they disagree that the page limit for a motion and a

   reply should be the same. (See Resp. 2). Instead, Defendants propose 40 pages for the motion, 40

   pages for the response, and 20 pages for the reply. (See id. 3). Defendants are concerned that

   Plaintiffs will “avoid staking out positions on the issues” in their motion and instead do that in the

   reply; thereby depriving Defendants of a “meaningful chance to respond.” (Id.). Plaintiffs imply

   they will “make their best affirmative arguments in the opening brief and leave for reply the matters

   [Defendants] choose[] to raise.” (Reply 2 (alterations added)).


   1
     The Court uses the pagination generated by the electronic CM/ECF database, which appears in
   the headers of all court filings.
Case 1:21-md-02989-CMA Document 558 Entered on FLSD Docket 04/27/2023 Page 2 of 2

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

          Having considered the parties’ positions, it is

          ORDERED that Plaintiffs’ Expedited Motion for Expansion of Page Limitations for

   Briefing on the Motion for Class Certification [ECF No. 549] is GRANTED in part. Plaintiffs’

   motion for class certification shall not exceed 25 pages. Defendants will have 35 pages to respond

   to the motion. Plaintiffs’ reply shall not exceed 25 pages. Plaintiffs are reminded that the Court

   will not consider any arguments raised for the first time in the reply. See SEC v. Keener, No. 1:20-

   cv-21254, 2020 WL 4736205, at *6 n.4 (S.D. Fla. Aug. 14, 2020) (“It is improper to raise an

   argument for the first time in a reply.” (citations omitted)).

          DONE AND ORDERED in Miami, Florida, this 26th day of April, 2023.


                                                    _______________________________________
                                                    CECILIA M. ALTONAGA
                                                    CHIEF UNITED STATES DISTRICT JUDGE
   cc:    counsel of record




                                                     2

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