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... Ameritrade's compliance with the privacy statement . . . ." While TD Ameritrade filed a motion to dismiss the original Elvey complaint -- a motion that was never heard -- it did not file a similar motion for ... rewards of litigation" (citing Protective Committee for Independent Stockholders of TMT Trailer Ferry Inc. v. Anderson, 390 US 414, 424-25 (1968). The relevant standard ... O'Keefe v. Mercedes-Benz United States, LLC, 214 FRD 266, 304 (MD Pa 2003). Judge Walker agreed with Elvey that key terms ...