Notice of Joint Stipulation for Voluntary Dismissal with Prejudice (Eisen; Apex Clearing, Interactive Brokers) — In re January 2021 Short Squeeze Trading Litigation (Dkt. 610, S.D. Fla.)

Summary

A Notice of Joint Stipulation for Voluntary Dismissal with Prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA (Case No. 21-MD-2989-ALTONAGA/DAMIAN, Document 610, 4 pages), in the U.S. District Court for the Southern District of Florida, entered September 19, 2023. Plaintiff Eric Eisen and Defendants Apex Clearing Corporation and Interactive Brokers, LLC stipulate to dismiss Apex Clearing and IBKR with prejudice, with neither side seeking costs or fees and all parties acknowledging compliance with Rule 11. The notice, dated September 19, 2023 by counsel at Gucovschi Rozenshteyn, PLLC, White & Case LLP and Dechert LLP, attaches a [Proposed] Order dismissing all claims of Named Plaintiff Eric Eisen against Apex Clearing Corporation and Interactive Brokers with prejudice.

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Date: 2023-09-19

Cite this document

“Notice of Joint Stipulation for Voluntary Dismissal with Prejudice (Eisen; Apex Clearing, Interactive Brokers) (Dkt. 610).” Original at archive.org, dated 2023-09-19. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-09-19-covid-era-misc/, SHA-256 ca9c395bcb4379061f454afdaec28ac57c31b083402d48974243e51492a974d2.

Full text

Case 1:21-md-02989-CMA Document 610 Entered on FLSD Docket 09/19/2023 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-MD-2989-ALTONAGA/DAMIAN

IN RE: JANUARY 2021 SHORT SQUEEZE This Document Relates to: All Actions
TRADING LITIGATION Involving the Federal Securities Laws

NOTICE OF JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii)

PLEASE TAKE NOTICE, that Plaintiff Eric Eisen and Defendants Apex Clearing

Corporation (“Apex Clearing”) and Interactive Brokers, LLC (“IBKR”), by and through

undersigned Counsel, hereby stipulate and voluntarily agree to dismiss Apex Clearing and IBKR

from this action with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil

Procedure. The parties hereby further stipulate and agree to the following terms of the dismissal:

(1) neither side will seek costs nor fees from the other; and (2) all parties acknowledge that each

have complied with Rule 11 and waive any arguments with respect thereto.

This notice may be filed with the Clerk of the Court without further notice. The parties

respectfully request that this Court enter an order dismissing this case with prejudice and in

accordance with the above terms and in the form attached as a Proposed Order hereto.
Case 1:21-md-02989-CMA Document 610 Entered on FLSD Docket 09/19/2023 Page 2 of 4

Dated: September 19, 2023 Respectfully submitted,

s/ Adrian Gucovschi s/ Jack E. Pace III
GUCOVSCHI ROZENSHTEYN, PLLC Jack E. Pace III
Adrian Gucovschi Bryan D. Gant
140 Broadway, Suite 4667 WHITE & CASE LLP
New York, NY 1005 1221 Avenue of the Americas
Tel.: (212) 884-4230 New York, NY 10020
E-mail: adrian@gr-firm.com Tel.: (212) 819-8200
Fax: (212) 354-8113
Counsel for Plaintiff E-mail: jpace@whitecase.com
J. Mark Gidley
White & Case LLP
701 Thirteenth Street, NW
Washington, DC 20005
Tel.: (202) 626-3600
Fax: (202) 639-9355
Email: mgidley@whitecase.com
Counsel for Defendant Apex Clearing Corp.

s/ Shari Ross Lahlou
Shari Ross Lahlou
Dechert LLP
1900 K. Street, NW
Washington, DC 20006
Tel.: (202) 261-3300
E-mail: shari.lahlou@dechert.com
Counsel for Defendant Interactive Brokers

2
Case 1:21-md-02989-CMA Document 610 Entered on FLSD Docket 09/19/2023 Page 3 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-MD-2989-ALTONAGA/DAMIAN

IN RE: JANUARY 2021 SHORT SQUEEZE This Document Relates to: All Actions
TRADING LITIGATION Involving the Federal Securities Laws

[PROPOSED] ORDER

THIS CAUSE came before the Court upon the Joint Stipulation for Voluntary Dismissal

with Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) [ECF No. ___], filed on September 19,

2023 by Federal Securities Action Plaintiff Eric Eisen and Defendants Apex Clearing Corporation

and Interactive Brokers, LLC.

The parties have agreed to voluntarily dismiss all claims with prejudice as to the Named

Plaintiff Eisen. Each party shall bear their own costs. All parties have acknowledged the other

has complied with Rule 11 and waive any arguments related thereto.

Being fully advised, it is:

ORDERED AND ADJUDGED that all claims as to Named Plaintiff Eric Eisen are

dismissed with prejudice as to Defendants Apex Clearing Corporation and Interactive Brokers,

LLC and with respect to the terms as described herein.

DONE AND ORDERED in Miami, Florida, this ___ day of September, 2023.

CECILIA M. ALTONAGA
CHIEF UNITED STATES DISTRICT JUDGE

CC: Counsel of Record
Case 1:21-md-02989-CMA Document 610 Entered on FLSD Docket 09/19/2023 Page 4 of 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on September 19, 2023, I electronically filed the foregoing

document with the Clerk of the Court using the CM/ECF filing system. I further certify that this

notice and proposed order was served on all counsel of record via transmission of the Notice of

Electronic Filing generated by the Court’s CF/ECF System.

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

File and source

File: gov.uscourts.flsd.590042.610.0.pdf
Size: 23,736 bytes
SHA-256: ca9c395bcb4379061f454afdaec28ac57c31b083402d48974243e51492a974d2
Our copy: gov.uscourts.flsd.590042.610.0.pdf
Original: archive.org