IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

WEI WANG and JOHN LINDSTROM, 

Individually and On Behalf of All Others 

Similarly Situated 

Plaintiffs, 

v. 

TD AMERITRADE, INC., and 

TD AMERITRADE FUTURES & 

FOREX, LLC dba THINKORSWIM 

Defendants. 

)

)

)

)

)

)

)

)

)

)

)

)

Case No. 1:20-cv-04028 

Hon. Virginia M. Kendall 

DECLARATION OF MICHAEL J. LOHNES IN SUPPORT 

OF DEFENDANTS’ MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT 

I, Michael J. Lohnes, declare as follows: 

1. I am an attorney licensed by the State of Illinois and admitted to practice before 

this Court. I am counsel of record for defendants TD Ameritrade, Inc. (“TDA”) and TD 

Ameritrade Futures & Forex, LLC (“TDAFF”) dba thinkorswim (“TOS”) (collectively, 

“Defendants”) in the above-captioned case, and have personal knowledge of the facts set forth 

herein. 

2. A true and correct copy of the article referenced in Defendants’ Motion to 

Dismiss Plaintiff’s Amended Complaint (“Motion,” filed contemporaneously herewith) at 4 n.6 

(CME Group All Products – Codes and Slate, 

https://www.cmegroup.com/trading/products/#pageNumber=1&sortAsc=false&sortField=oi&ex

ch=NYMEX) is attached as Exhibit A. 

3. A true and correct copy of the article referenced in Defendants’ Motion at 5 n.7 

(Cash Settlement and Physical Delivery, CFTC Glossary, 

Case: 1:20-cv-04028 Document #: 26 Filed: 10/02/20 Page 1 of 3 PageID #:200
2 

https://www.cftc.gov/LearnAndProtect/EducationCenter/CFTCGlossary/glossary_c.html) is 

attached as Exhibit B. 

4. A true and correct copy of the article referenced in Defendants’ Motion at 6 n.8 

(CME Group, Normal Daily Settlement: NYMEX E-mini Crude Oil Futures, 

https://www.cmegroup.com/confluence/display/EPICSANDBOX/NYMEX+Crude+Oil) is 

attached as Exhibit C. 

5. True and correct copies of the articles referenced in Defendants’ Motion at 6 n.9 

(CME Globex and Market Data Customer Notice No. 20200403, Changes to Price and Strike 

Price Eligibility Flags for Certain Energy Products, 

https://www.cmegroup.com/notices/electronic-trading/2020/04/20200403.html#pageNumber=1; 

CME Group Advisory Notice No. 20-152, CME Clearing Plan to Address the Potential of a 

Negative Underlying in Certain Energy Options Contracts, https://www.cmegroup.com/ 

content/dam/cmegroup/notices/clearing/2020/04/Chadv20-152.pdf; and CME Group Advisory 

Notice No. 20-160, Testing Opportunities in CME’s “New Release” Environment for Negative 

Prices and Strikes for Certain NYMEX Energy Contracts, 

https://www.cmegroup.com/content/dam/cmegroup/notices/clearing/2020/04/Chadv20-160.pdf) 

are attached as Exhibit D. 

6. A true and correct copy of the article referenced in Defendants’ Motion at 6 n.10 

(Sai Balasubramanian, Coronavirus & Volatility In The Oil Markets: An Endless Cycle, 

https://www.forbes.com/sites/saibala/2020/06/24/coronavirus--volatility-in-the-oil-markets-anendless-cycle/#6eeb026a4b7a) is attached as Exhibit E. 

7. True and correct copies of the articles referenced in Defendants’ Motion at 6 n.12 

(Jillian Ambrose, Oil prices dip below zero as producers forced to pay to dispose of excess, 

Case: 1:20-cv-04028 Document #: 26 Filed: 10/02/20 Page 2 of 3 PageID #:201
3 

https://www.theguardian.com/world/2020/apr/20/oil-prices-sink-to-20-year-low-as-un-soundsalarm-on-to-covid-19-relief-fund; and Oil Prices: Looking Beyond the Headlines, SEI, 

https://seic.com/knowledge-center/oil-prices-looking-beyond-headlines) are attached as Exhibit 

F. 

8. True and correct copies of the articles referenced in Defendants’ Motion at 15 

n.18 (Jonathan Garber, Oil prices could fall below zero: Analyst, 

https://finance.yahoo.com/news/oil-prices-could-fall-below-152446634.html; John Stepek, Oil 

prices have collapsed—and some argue that they could even turn negative, 

https://moneyweek.com/investments/commodities/energy/oil/601069/oil-prices-have-collapsedand-some-argue-that-they-could; and Bob Cronin, As Storage Space Runs Out, Oil Prices Could 

Go Negative, https://www.newser.com/story/288972/as-storage-space-runs-out-oil-prices-couldgo-negative.html) are attached as Exhibit G. 

/s/ Michael J. Lohnes 

Michael J. Lohnes 

Case: 1:20-cv-04028 Document #: 26 Filed: 10/02/20 Page 3 of 3 PageID #:202