| Date Filed | Doc # | Docket Text |
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| 2019-10-31 | 1 | COMPLAINT against Commodity Futures Trading Commission. (Filing Fee $ 400.00, Receipt Number ANYSDC-17873336)Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sauter, Benjamin) (Entered: 10/31/2019) |
| 2019-10-31 | 2 | CIVIL COVER SHEET filed. (Sauter, Benjamin) (Entered: 10/31/2019) |
| 2019-10-31 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kobre & Kim LLP.(Sauter, Benjamin) (Entered: 10/31/2019) |
| 2019-10-31 | 4 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commodity Futures Trading Commission, re: 1 Complaint. Document filed by Kobre & Kim LLP. (Sauter, Benjamin) Modified on 11/1/2019 (dnh). (Entered: 10/31/2019) |
| 2019-11-01 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (dnh) (Entered: 11/01/2019) |
| 2019-11-01 | | Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (dnh) (Entered: 11/01/2019) |
| 2019-11-01 | | Case Designated ECF. (dnh) (Entered: 11/01/2019) |
| 2019-11-01 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin Jeffrey Aaron Sauter to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant name listed on the summons PDF must exactly match the party of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 11/01/2019) |
| 2019-11-01 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to Commodity Futures Trading Commission, re: 1 Complaint. Document filed by Kobre & Kim LLP. (Sauter, Benjamin) (Entered: 11/01/2019) |
| 2019-11-04 | 6 | ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement); Dispositive Motion (i.e., motion requiringa Report and Recommendation), All such motions. Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/4/2019) (jca) (Entered: 11/04/2019) |
| 2019-11-04 | 7 | ELECTRONIC SUMMONS ISSUED as to Commodity Futures Trading Commission. (dnh) (Entered: 11/04/2019) |
| 2019-11-06 | 8 | NOTICE OF APPEARANCE by David Harrison McGill on behalf of Kobre & Kim LLP. (McGill, David) (Entered: 11/06/2019) |
| 2019-11-06 | 9 | NOTICE OF APPEARANCE by Jonathan David Cogan on behalf of Kobre & Kim LLP. (Cogan, Jonathan) (Entered: 11/06/2019) |
| 2019-11-06 | 10 | NOTICE OF APPEARANCE by Michael Sangyun Kim on behalf of Kobre & Kim LLP. (Kim, Michael) (Entered: 11/06/2019) |
| 2019-11-06 | 11 | NOTICE OF APPEARANCE by Sean Stephen Buckley on behalf of Kobre & Kim LLP. (Buckley, Sean) (Entered: 11/06/2019) |
| 2019-11-18 | 12 | INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 1/22/2020 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang and further set forth in this Order. (Signed by Magistrate Judge Ona T. Wang on 11/18/2019) (rro) (Entered: 11/18/2019) |
| 2019-11-20 | 13 | AFFIDAVIT OF SERVICE (FOIA CASE). Commodity Futures Trading Commission served on 11/18/2019, answer due 12/18/2019. Service was made by MAIL. Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit Affidavit of Aldane Chambers)(Sauter, Benjamin) (Entered: 11/20/2019) |
| 2019-11-21 | 14 | NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Commodity Futures Trading Commission. (Doud, Rachael) (Entered: 11/21/2019) |
| 2019-11-25 | 15 | AFFIDAVIT OF SERVICE of Order Referring Case to Magistrate Judge, Order for Initial Pretrial Conference served on Commodity Futures Trading Commission on 11/25/2019. Service was made by MAIL. Document filed by Kobre & Kim LLP. (Sauter, Benjamin) (Entered: 11/25/2019) |
| 2019-12-18 | 16 | ANSWER to 1 Complaint. Document filed by Commodity Futures Trading Commission.(Doud, Rachael) (Entered: 12/18/2019) |
| 2020-01-15 | 17 | LETTER addressed to Magistrate Judge Ona T. Wang from Rachael L. Doud dated January 15, 2020 re: Initial Conference. Document filed by Commodity Futures Trading Commission.(Doud, Rachael) (Entered: 01/15/2020) |
| 2020-01-16 | 18 | MEMO ENDORSEMENT on re: 17 Letter filed by Commodity Futures Trading Commission. ENDORSEMENT: Application Granted. The conference scheduled for January 22, 2020 is adjourned. Parties are to submit joint status updates every two months beginning March 31, 2020. If the parties cannot resolve the issue briefly described in their letter, or any other issues that may arise, they are to submit a letter motion in accordance with the individual practices of the undersigned. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 1/16/2020) (rro) (Entered: 01/16/2020) |
| 2020-03-30 | 19 | LETTER MOTION for Discovery addressed to Magistrate Judge Ona T. Wang from Benjamin Sauter dated 03/03/2020. Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 03/30/2020) |
| 2020-03-31 | 20 | LETTER addressed to Magistrate Judge Ona T. Wang from Rachael L. Doud dated March 31, 2020 re: Status Letter. Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 03/31/2020) |
| 2020-04-02 | 21 | LETTER RESPONSE to Motion addressed to Magistrate Judge Ona T. Wang from Rachael L. Doud dated April 2, 2020 re: 19 LETTER MOTION for Discovery addressed to Magistrate Judge Ona T. Wang from Benjamin Sauter dated 03/03/2020. . Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 04/02/2020) |
| 2020-04-14 | 22 | ORDER denying 19 Letter Motion for Discovery. Plaintiff's request for a pre-motion conference is DENIED. The following briefing schedule will apply to Plaintiff's motion to compel: Plaintiff's motion due by May 1, 2020. Defendant's opposition due by May 15, 2020. Plaintiff's reply due by May 22, 2020. The parties' briefing should discuss both (1) whether this is the appropriate stage of the case to address the scope of the review period, and (2) the merits of whether the review period should extend to August 21, 2019. (Signed by Magistrate Judge Ona T. Wang on 4/14/2020) (rro) (Entered: 04/14/2020) |
| 2020-04-14 | | Set/Reset Deadlines: Motions due by 5/1/2020. Responses due by 5/15/2020 Replies due by 5/22/2020. (rro) (Entered: 04/14/2020) |
| 2020-05-01 | 23 | MOTION to Compel Commodity Futures Trading Commission to Extend Document Search . Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 05/01/2020) |
| 2020-05-01 | 24 | MEMORANDUM OF LAW in Support re: 23 MOTION to Compel Commodity Futures Trading Commission to Extend Document Search . . Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 05/01/2020) |
| 2020-05-01 | 25 | DECLARATION of Benjamin J.A. Sauter in Support re: 23 MOTION to Compel Commodity Futures Trading Commission to Extend Document Search .. Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit A).(Sauter, Benjamin) (Entered: 05/01/2020) |
| 2020-05-15 | 26 | MEMORANDUM OF LAW in Opposition re: 23 MOTION to Compel Commodity Futures Trading Commission to Extend Document Search . . Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 05/15/2020) |
| 2020-05-15 | 27 | DECLARATION of Rachael L. Doud in Opposition re: 23 MOTION to Compel Commodity Futures Trading Commission to Extend Document Search .. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit A).(Doud, Rachael) (Entered: 05/15/2020) |
| 2020-05-22 | 28 | REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Compel Commodity Futures Trading Commission to Extend Document Search . . Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 05/22/2020) |
| 2020-05-29 | 29 | LETTER addressed to Magistrate Judge Ona T. Wang from Rachael L. Doud dated May 29, 2020 re: Status Letter. Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 05/29/2020) |
| 2020-07-31 | 30 | STATUS REPORT. Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 07/31/2020) |
| 2020-09-04 | 31 | LETTER addressed to Magistrate Judge Ona T. Wang from Rachael L. Doud dated September 4, 2020 re: Proposed Schedule for Filing of Cross-Motions for Summary Judgment. Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 09/04/2020) |
| 2020-09-10 | 32 | MEMO ENDORSEMENT on re: 31 Letter Proposed Schedule for Filing of Cross-Motions for Summary Judgment. filed by Commodity Futures Trading Commission. ENDORSEMENT : SO ORDERED: Briefing Scheduled GRANTED., ( Cross Motions due by 11/18/2020., Motions due by 10/19/2020., Responses due by 12/7/2020, Replies due by 12/21/2020.) (Signed by Magistrate Judge Ona T. Wang on 9/10/20) (yv) (Entered: 09/11/2020) |
| 2020-10-19 | 33 | MOTION for Summary Judgment . Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 10/19/2020) |
| 2020-10-19 | 34 | MEMORANDUM OF LAW in Support re: 33 MOTION for Summary Judgment . . Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 10/19/2020) |
| 2020-10-19 | 35 | DECLARATION of Rosemary Bajorek in Support re: 33 MOTION for Summary Judgment .. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2).(Doud, Rachael) (Entered: 10/19/2020) |
| 2020-11-18 | 36 | MOTION for Summary Judgment . Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 11/18/2020) |
| 2020-11-18 | 37 | RULE 56.1 STATEMENT. Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 11/18/2020) |
| 2020-11-18 | 38 | MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment . . Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 11/18/2020) |
| 2020-11-18 | 39 | DECLARATION of Benjamin Sauter in Support re: 36 MOTION for Summary Judgment .. Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H).(Sauter, Benjamin) (Entered: 11/18/2020) |
| 2020-12-07 | 40 | NOTICE OF APPEARANCE by Alexander James Hogan on behalf of Commodity Futures Trading Commission..(Hogan, Alexander) (Entered: 12/07/2020) |
| 2020-12-07 | 41 | REPLY MEMORANDUM OF LAW in Support re: 33 MOTION for Summary Judgment . . Document filed by Commodity Futures Trading Commission..(Hogan, Alexander) (Entered: 12/07/2020) |
| 2020-12-07 | 42 | RESPONSE re: 37 Rule 56.1 Statement . Document filed by Commodity Futures Trading Commission..(Hogan, Alexander) (Entered: 12/07/2020) |
| 2020-12-07 | 43 | DECLARATION of Rosemary Bajorek in Support re: 33 MOTION for Summary Judgment .. Document filed by Commodity Futures Trading Commission..(Hogan, Alexander) (Entered: 12/07/2020) |
| 2020-12-21 | 44 | REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment . . Document filed by Kobre & Kim LLP..(Sauter, Benjamin) (Entered: 12/21/2020) |
| 2020-12-21 | 45 | DECLARATION of Benjamin Sauter in Support re: 36 MOTION for Summary Judgment .. Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Sauter, Benjamin) (Entered: 12/21/2020) |
| 2021-02-11 | 46 | ORDER denying as moot 23 Motion to Compel Commodity Futures Trading Commission to Extend Document Search. The issues raised in the Motion to Compel will be decided in connection with the fully briefed motions for Summary Judgment. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf) (Entered: 02/11/2021) |
| 2021-09-09 | 47 | LETTER addressed to Magistrate Judge Ona T. Wang from Rachael L. Doud dated September 9, 2021 re: Request for Termination of Appearance. Document filed by Commodity Futures Trading Commission..(Doud, Rachael) (Entered: 09/09/2021) |
| 2021-09-22 | 48 | MEMO ENDORSEMENT on re: 47 Letter filed by Commodity Futures Trading Commission. ENDORSEMENT: Application GRANTED. SO ORDERED. Attorney Rachael Lightfoot Doud terminated. (Signed by Magistrate Judge Ona T. Wang on 9/22/2021) (vfr) (Entered: 09/22/2021) |
| 2021-11-30 | 49 | LETTER addressed to Magistrate Judge Ona T. Wang from Alexander J. Hogan dated November 30, 2021 re: recently issued decision from the Second Circuit Court of Appeals. Document filed by Commodity Futures Trading Commission. (Attachments: # 1 NRDC v. EPA).(Hogan, Alexander) (Entered: 11/30/2021) |
| 2021-12-07 | 50 | NOTICE OF APPEARANCE by George Stamatopoulos on behalf of Kobre & Kim LLP..(Stamatopoulos, George) (Entered: 12/07/2021) |
| 2021-12-07 | 51 | LETTER addressed to Magistrate Judge Ona T. Wang from George Stamatopoulos dated 12/07/2021 re: Response to CTFC Letter. Document filed by Kobre & Kim LLP..(Stamatopoulos, George) (Entered: 12/07/2021) |
| 2022-04-21 | 52 | LETTER addressed to Magistrate Judge Ona T. Wang from Benjamin J.A. Sauter dated 04/21/2022 re: Letter to Judge Wang re: Kraft. Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit Exhibit A).(Sauter, Benjamin) (Entered: 04/21/2022) |
| 2022-04-27 | 53 | LETTER addressed to Magistrate Judge Ona T. Wang from Alexander J. Hogan dated April 27, 2022 re: response to Plaintiff's April 21, 2022, letter. Document filed by Commodity Futures Trading Commission..(Hogan, Alexander) (Entered: 04/27/2022) |
| 2022-05-18 | 54 | NOTICE of Substitution of Attorney. Old Attorney: Alexander Hogan, New Attorney: Jean-David Barnea, Address: U.S. Attorney's Office, Southern District of New York, 86 Chambers St., 3rd Floor, New York, NY, 10007, 212-637-2679. Document filed by Commodity Futures Trading Commission..(Barnea, Jean-David) (Entered: 05/18/2022) |
| 2022-05-25 | 55 | LETTER addressed to Magistrate Judge Ona T. Wang from Benjamin J.A. Sauter dated May 25, 2022 re: Letter to Judge Wang re: Kraft. Document filed by Kobre & Kim LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Sauter, Benjamin) (Entered: 05/25/2022) |
| 2022-05-27 | 56 | LETTER addressed to Magistrate Judge Ona T. Wang from AUSA Jean-David Barnea dated 5/27/22 re: Exemption 7(A) Withholdings. Document filed by Commodity Futures Trading Commission..(Barnea, Jean-David) (Entered: 05/27/2022) |
| 2022-06-01 | 57 | ORDER: The Court will hold an in-person status conference in this matter on Thursday, June 09, 2022 at 2:00 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties shall file a joint agenda three days in advance of the conference, i.e., by Monday, June 6, 2022, which shall inform the Court of the applicability of ECF Nos. 55 and 56 to the parties' pending Summary Judgment motions (ECF Nos. 33 and 36). Status Conference set for 6/9/2022 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 6/1/2022) (rro) (Entered: 06/01/2022) |
| 2022-06-06 | 58 | LETTER addressed to Magistrate Judge Ona T. Wang from George Stamatopoulos dated June 6, 2022 re: Proposed Joint Agenda. Document filed by Kobre & Kim LLP..(Stamatopoulos, George) (Entered: 06/06/2022) |
| 2022-06-09 | 59 | ORDER. The parties are directed to submit a joint status letter by July 1, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (sfh) (Entered: 06/09/2022) |
| 2022-06-09 | | Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 6/9/2022. (Quinn, Diane) (Entered: 06/28/2022) |
| 2022-07-01 | 60 | JOINT LETTER addressed to Magistrate Judge Ona T. Wang from AUSA Jean-David Barnea dated 7/1/22 re: Status of Settlement. Document filed by Commodity Futures Trading Commission..(Barnea, Jean-David) (Entered: 07/01/2022) |
| 2022-07-05 | 61 | ORDER. The parties shall file a joint status letter by August 1, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (sfh) (Entered: 07/05/2022) |
| 2022-08-01 | 62 | PROPOSED STIPULATION AND ORDER. Document filed by Commodity Futures Trading Commission..(Barnea, Jean-David) (Entered: 08/01/2022) |
| 2022-08-02 | 63 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: CFTC will process and produce the following additional documents to Plaintiff: a. CFTC will withdraw its invocation of the deliberative process privilege as to documents it previously produced, and will re-produce any documents or portions of documents for which the prior withholding was based solely on this privilege (and not, for example, materials withheld under both this privilege and the attorney-client privilege).b. CFTC will search for and process documents dated August 20-21, 2019, subject to the following limitations: i. It will process these documents only to the extent they are responsive to parts 6, 7, or 8 of the FOIA Request; ii. It will process these documents through the agency's normal FOIA review process, will not prepare a supplemental Vaughn index, and will not produce redacted versions of records that are withheld in full; and iii. CFTC will assert the deliberative-process privilege as to these documents, in whole or in part, as permitted by law. 2. Plaintiff hereby abandons all other challenges to CFTC's search, Vaughn index, and with holdings in this case. 3. This action is hereby dismissed with prejudice, and without costs or fees, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. Specifically, Plaintiff will not seek its attorney's fees or costs in this case pursuant to 5 U.S.C. § 552(a)(4)(E). 4. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/2/2022) (jca) (Entered: 08/03/2022) |
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