Td Ameritrade, Inc. v. James Matthews

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 14 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TD AMERITRADE, INC.; TD No. 21-35788

AMERITRADE HOLDING

CORPORATION; TD AMERITRADE IP D.C. No. 3:16-cv-00136-SLG

COMPANY, INC.; TD AMERITRADE

SERVICES COMPANY, INC.,

MEMORANDUM*

Plaintiffs-counter- defendants-Appellees,

v.

JAMES RICHARD MATTHEWS,

Defendant-counter-claimant- Appellant.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, Chief District Judge, Presiding

Submitted June 8, 2022** Anchorage, Alaska

Before: HURWITZ, BRESS, and H. THOMAS, Circuit Judges.

James Matthews opened an investment account with TD Ameritrade,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). employing a platform allowing him to use the company’s “thinkScript”

programming code to aid in trading securities. He then registered…