This article will go over the latest developments in the following court case:
United States Commodity Futures Trading Commission v. Dinar Corp., Inc. et al
Court Case: 1:15-cv-00538-WKW-TFM
Source: https://dinarrvnews.net/update-on-dinar-corp-court (You must have a pacer account)
134 Docket Entries for Case 1:15-cv-00538-WKW-TFM
Read the original CFTC Press Release Here –
https://dinarrvnews.net/dinar-corp-press-release-cftc
1
07/27/2015 COMPLAINT against Dinar Corp., Inc., Theodore S. Hudson, II, My Monex, Inc., My Monex, Inc., an Alabama Corporation, Husam Tayeh, filed by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 29, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(kh, ) Modified on 9/4/2015 TO SEAL ALL EXHIBITS PURSUANT TO THE COURT’S 85 ORDER (wcl, ).
2
07/27/2015 Corporate/Conflict Disclosure Statement by United States Commodity Futures Trading Commission. (kh, )
Last Updated On: March 2, 2016
By: Nick Giammarino
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3
07/27/2015 MOTION for Preliminary Injunction by United States Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order)(kh, )
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07/27/2015 MOTION to Seal by United States Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order)(kh, )
5
07/27/2015 EX PARTE MOTION for Statutory Restraining Order by United States Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order)(kh, )
6
07/27/2015 Summons Issued as to Dinar Corp., Inc., Theodore S. Hudson, II, My Monex, Inc., My Monex, Inc., an Alabama Corporation, Husam Tayeh; returned to counsel for personal service. (kh, )
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07/27/2015 IT IS HEREBY ORDERED that the CFTCs 4 motion to seal is GRANTED and that the entire docket and file in this matter shall be SEALED. It is further hereby ORDERED that the seal shall expire upon the earlier of (1) seventy-two hours following issuance of the ex parte statutory restraining order sought by the CFTC or (2) notice by the CFTC to the Court that Defendants and Relief Defendants have been served with the Complaint and requested statutory restraining order. Signed by Honorable Judge Myron H. Thompson on 7/27/2015. (kh, )
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07/27/2015 SEALED ORDER GRANTING COMMISSIONS EX PARTE STATUTORY RESTRAINING ORDER: ORDERED that Plaintiff’s 5 Ex Parte Motion for Statutory Restraining Order is GRANTED as set forth herein; Defendants and Relief Defendants are hereby ordered to SHOW CAUSE why the Plaintiffs separately filed Motion for Preliminary Injunction should not be granted, and shall file their response(s) thereto, including all counter or opposing affidavits and a memorandum of legal authority, within ten (10) days of service; The restraining order will expire 14 days from the date of this order, on August 10, 2015; A HEARING as to whether this Statutory Restraining Order should be converted to a preliminary injunction will be held on August 10, 2015 at 10:00 a.m. in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, before the undersigned. Counsel shall appear in person and telephonic appearances will not be permitted; The Clerk of the Court is DIRECTED to email a copy of this Order to counsel for the Plaintiff and confirm receipt of same. Signed by Honorable Judge Myron H. Thompson on 7/27/2015. (furn: calendar, AG)(kh, )
9
07/27/2015 Case Reassigned to Chief Judge William Keith Watkins as district judge. Honorable Judge Myron H. Thompson no longer assigned to the case as district judge. (kh, )
10
07/29/2015 ORDERED that the hearing as to whether the Statutory Restraining Order should be converted to a preliminary injunction (Doc. # 8 , at 30) will be held before the undersigned on 8/10/2015, at 10:00 AM, in courtroom 2-B of the Frank M. Johnson, Jr. U.S. Courthouse, in Montgomery, Alabama; Counsel shall appear in person, and telephonic appearances will not be permitted; DIRECTING the Plf to promptly serve Dfts and Relief Dfts with a copy of this Order; DIRECTING the Clerk to provide a court reporter for the hearing. Signed by Chief Judge William Keith Watkins on 7/29/2015. (furn: calendar, ar) (wcl, )
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07/30/2015 ORDER DIRECTING the Clerk to unseal this action. Signed by Chief Judge William Keith Watkins on 7/30/2015. (wcl, )
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07/31/2015 SUMMONS Returned Executed by United States Commodity Futures Trading Commission. Theodore S. Hudson, II served on 7/29/2015, answer due 8/19/2015. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
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07/31/2015 SUMMONS Returned Executed by United States Commodity Futures Trading Commission. My Monex, Inc., an Alabama Corporation served on 7/29/2015, answer due 8/19/2015. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
14
07/31/2015 SUMMONS Returned Executed by United States Commodity Futures Trading Commission. Dinar Corp., Inc. served on 7/29/2015, answer due 8/19/2015. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
15
07/31/2015 SUMMONS Returned Executed by United States Commodity Futures Trading Commission. My Monex, Inc. served on 7/29/2015, answer due 8/19/2015. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
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08/02/2015 SUMMONS Returned Executed by United States Commodity Futures Trading Commission. Husam Tayeh served on 7/30/2015, answer due 8/20/2015. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
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08/03/2015 MOTION for Extension of Deadline Restraining Order and hearing re 8 Temporary Restraining Order,,,,, Terminate Motions,,,,, Set Deadlines/Hearings,,,, by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/06/2015 MOTION for Order re 8 Temporary Restraining Order,,,,, Terminate Motions,,,,, Set Deadlines/Hearings,,,, for Consent Order of Preliminary Injunction as to Relief Defendants by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mulreany, Timothy)
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08/06/2015 MEMORANDUM OPINION AND ORDER: it is ORDERED that Plf’s 17 motion to continue the Statutory Restraining Order is GRANTED as follows: (1) The deadline for Dfts and Relief Dfts to SHOW CAUSE why Plf’s separately filed 3 Motion for Preliminary Injunction should not be granted, and to file their response(s), including all counter or opposing affidavits and a memorandum of legal authority, previously set within ten days of service of the Statutory Restraining Order, is EXTENDED to and including 8/18/2015; (2) The preliminary injunction hearing, previously set for 8/10/2015, is RESET for 8/24/2015, at 10:00 AM, in courtroom 2-B of the Frank M. Johnson, Jr. US Courthouse, in Montgomery, Alabama. The hearing will be held on Plf’s separately filed 3 Motion for Preliminary Injunction, in which Plfs request that the Statutory Restraining Order be converted to a preliminary injunction. Counsel shall appear in person, and telephonic appearances will not be permitted; (3) The duration of the 8 Statutory Restraining Order, which was previously set to expire on 8/10/2015, is EXTENDED and that the 8 Statutory Restraining Order shall remain in force and effect until 4:08 PM on 8/24/2015; Plf is DIRECTED to serve promptly Dfts and Relief Dfts with a copy of this Order; The Clerk of the Court is DIRECTED to provide a court reporter for the hearing. Signed by Chief Judge William Keith Watkins on 8/6/2015. (furn: calendar, ar) (wcl, )
20
08/06/2015 NOTICE of Appearance by JonMarc P Buffa on behalf of United States Commodity Futures Trading Commission (Buffa, JonMarc)
22
08/14/2015 Letter received from Michael Frank Louis, Pro Se. (wcl, )
21
08/17/2015 CONSENT ORDER OF PRELIMINARY INJUNCTION AND OTHER EQUITABLE RELIEF AS TO RELIEF DEFENDANTS; it is ORDERED that the 18 unopposed motion to enter a consent order of preliminary injunction as to the Relief Defendants is GRANTED, as further set out in order. Signed by Chief Judge William Keith Watkins on 8/17/2015. (wcl, )
23
08/18/2015 NOTICE of Limited Appearance by Stephen Talmadge Etheredge, Sr on behalf of Theodore S. Hudson, II (Etheredge, Stephen) Modified on 8/19/2015 to clarify the docket text (wcl, ).
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08/18/2015 MOTION for Release of Funds (Attorney’s Fees) by Theodore S. Hudson, II. (Etheredge, Stephen)
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08/18/2015 NOTICE of Limited Appearance by Dustin Judd Fowler on behalf of Theodore S. Hudson, II (Fowler, Dustin) Modified on 8/19/2015 to clarify the docket text (wcl, ).
26
08/18/2015 Corporate/Conflict Disclosure Statement by Theodore S. Hudson, II. (Etheredge, Stephen) (Main Document 26 replaced on 8/19/2015) (wcl, ). Modified on 8/19/2015 to reflect the defendant name in the body of the statement and not the attorney (wcl, ).
27
08/18/2015 NOTICE of Appearance by Forrest Stephen Latta on behalf of Dinar Corp., Inc., My Monex, Inc., Husam Tayeh (Latta, Forrest) (Additional attachment(s) added on 8/19/2015: # 1 Corrected Certificate of Service) (wcl, ).
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08/18/2015 MOTION to Seal by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit Redacted Motion, # 2 Exhibit Proposed Order)(Latta, Forrest) (Additional attachment(s) added on 8/19/2015: # 3 Corrected Certificate of Service) (wcl, ).
29
08/19/2015 NOTICE of Correction re 26 Corporate/Conflict Disclosure Statement, to reflect the defendant name in the body of the statement and not the attorney. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 26 )(wcl, )
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08/19/2015 NOTICE of Appearance by James Andrew Hoover on behalf of Dinar Corp., Inc., My Monex, Inc., Husam Tayeh (Hoover, James)
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08/19/2015 ORDERED that, on or before 12:00 PM CDT 8/21/2015, Plf shall show cause why the 24 Motion for Release of Funds should not be granted; ORDER Setting Hearing on Motion re 24 MOTION for Release of Funds: Motion Hearing set for 8/24/2015 at 01:00 PM in Courtroom 2B before Chief Judge William Keith Watkins. Signed by Chief Judge William Keith Watkins on 8/19/2015. (furn: calendar, ar) (wcl, )
32
08/19/2015 ANSWER to 1 Complaint by Theodore S. Hudson, II.(wcl, )
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08/19/2015 ORDER granting 28 Motion for Leave to File Under Seal. Signed by Chief Judge William Keith Watkins on 8/19/2015. (wcl, )
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08/19/2015 MOTION for Extension of Time by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit Proposed Order)(Latta, Forrest) (Additional attachment(s) added on 8/19/2015: # 2 Main Document (FILED UNDER SEAL)) (wcl, ).
35
08/19/2015 MOTION for Order to Show Cause as to Defendants and Counsel by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2A, # 4 Exhibit 2B, # 5 Exhibit 3A, # 6 Exhibit 3B)(Mulreany, Timothy)
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08/19/2015 RESPONSE to Motion re 24 MOTION for Release of Funds (Attorney’s Fees) filed by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/19/2015 Corporate/Conflict Disclosure Statement by Dinar Corp., Inc.. (Latta, Forrest)
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08/19/2015 Corporate/Conflict Disclosure Statement by Husam Tayeh. (Latta, Forrest)
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08/19/2015 Corporate/Conflict Disclosure Statement by My Monex, Inc.. (Latta, Forrest)
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08/20/2015 RESPONSE to Motion re 34 MOTION for Extension of Time filed by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/20/2015 ORDER directing Plaintiff TO SHOW CAUSE as to why the 3 Motion for Preliminary Injunction should not be denied as moot as to Relief Defendants, why the 8 Statutory Restraining Order should not be allowed to expire as to Relief Defendants at 4:08 PM on 8/24/2015, and why the hearing on the Motion for Preliminary Injunction currently set for 8/24/2015 at 10:00 AM should not be cancelled. Show Cause Response due by 3:30 PM CDT on 8/21/2015. Signed by Chief Judge William Keith Watkins on 8/20/2015. (dmn, )
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08/20/2015 RESPONSE TO ORDER TO SHOW CAUSE by United States Commodity Futures Trading Commission re 41 Order to Show Cause,,. (Mulreany, Timothy)
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08/20/2015 NOTICE of Appearance by Edward L. Hardin, Jr on behalf of Dinar Corp., Inc., My Monex, Inc., Husam Tayeh (kh, ) (Additional attachment(s) added on 8/25/2015: # 1 Certificate of Service) (kh, ).
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08/21/2015 MEMORANDUM OPINION AND ORDER: ORDERED that 1. The 34 motion to continue the Statutory Restraining Order is GRANTED in part as to the request that the Statutory Restraining Order be extended as to Defendants, but DENIED in part as to the request that the Statutory Restraining Order be extended as to Relief Defendants; 2. The duration of the Statutory Restraining Order (Doc. # 8 ), which was previously set to expire on August 24, 2015, is EXTENDED as to Defendants and the Statutory Restraining Order (Doc. # 8 ) shall remain in force and effect as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada, until 4:08 p.m. on September 3, 2015; 3. The deadline for Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada to SHOW CAUSE why Plaintiffs separately filed Motion for Preliminary Injunction (Doc. # 3 ) should not be granted, and to file their response(s), including all counter or opposing affidavits and a memorandum of legal authority, previously set for August 18, 2015, is EXTENDED to and including August 28, 2015; and 4. A preliminary injunction hearing on Plaintiffs separately filed Motion for Preliminary Injunction (Doc. # 3 ) is SET for September 3, 2015, at 10:00 a.m., in courtroom 2-B of the Frank M. Johnson, Jr. U.S. Courthouse, in Montgomery, Alabama. The hearing will be held on whether the Statutory Restraining Order will be converted to a preliminary injunction as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada. Counsel shall appear in person, and telephonic appearances will not be permitted. Plaintiff is DIRECTED to serve Relief Defendants promptly with a copy of this Order. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing. Signed by Chief Judge William Keith Watkins on 8/21/2015. (furn: AR, Calendar)(kh, )
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08/21/2015 ORDERED that the 3 motion for preliminary injunction is DENIED in part as moot as to the Relief Defendants only. The 3 motion for preliminary injunction remains pending as to Defendants Dinar Corp, Inc., MyMonex, Inc., a Nevada corporation, and Husam Tayeh. Further, it is ORDERED that the hearing on the 3 motion for preliminary injunction currently set for 10:00 a.m. on August 24, 2015 is CANCELLED. Plaintiff is DIRECTED to serve Relief Defendants promptly with a copy of this Order. Signed by Chief Judge William Keith Watkins on 8/21/2015. (furn: Calendar)(kh, )
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08/21/2015 ORDERED that the 24 motion is GRANTED and that the following funds are not subject to the Statutory Restraining Order (Doc. # 8 ) previously entered by this court: 1. First Cash of Texas, account number xxx-xx-6978, with a current balance of approximately $10,414.64; 2. Citibank Qualified 401(k) Plan, account number xxx-xx-6978, with a current balance of approximately $82,006.71; 3. Pentagon Federal Credit Union, account number xxx093, with an approximate balance of $786.00; 4. USAA, account number xxxxx9003, approximate balance of $507.83; 5. Army Aviation Center Federal Credit Union, account number xxx470, approximate balance of $6,336.00; 6. APEX, account number unknown; approximate balance of $890.00; 7. Army TSP, account number xxxxxxxxx1441, current balance $13,903.16. Further, it is ORDERED that the hearing on the 24 motion currently set for August 24, 2015 at 1:00 p.m. is CANCELLED. Plaintiff is DIRECTED to serve Relief Defendants promptly with a copy of this Order. Signed by Chief Judge William Keith Watkins on 8/21/2015. (furn: Calendar, AR)(kh, )
47
08/24/2015 MOTION for Entry of Default against Relief Defendant My Monex, Inc., an Alabama corporation by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/24/2015 MOTION for Entry of Default against Defendant My Monex, Inc., a Nevada corporation by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/24/2015 MOTION for Entry of Default against Defendant Dinar Corp, Inc. by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/24/2015 MOTION for Entry of Default against Defendant Husam Tayeh by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
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08/24/2015 CORRECTED Letter received from Michael Frank Louis, Pro Se. (wcl, )
08/24/2015 Application to Clerk for Entry of Default by United States Commodity Futures Trading Commission against My Monex, Inc., an Alabama Corporation. (No pdf attached to this entry – See doc 47 for pdf – Counsel erroneously e-filed as a motion for default) (wcl, ) Modified on 8/26/2015 – copy of application and file delivered to clerk (wcl, ).
08/24/2015 Application to Clerk for Entry of Default by United States Commodity Futures Trading Commission against My Monex, Inc., a Nevada Corporation. (No pdf attached to this entry – See doc 48 for pdf – Counsel erroneously e-filed as a motion for default) (wcl, )
08/24/2015 Application to Clerk for Entry of Default by United States Commodity Futures Trading Commission against Dinar Corp., Inc.. (No pdf attached to this entry – See doc 49 for pdf – Counsel erroneously e-filed as a motion for default) (wcl, )
08/24/2015 Application to Clerk for Entry of Default by United States Commodity Futures Trading Commission against Husam Tayeh. (No pdf attached to this entry – See doc 50 for pdf – Counsel erroneously e-filed as a motion for default) (wcl, )
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08/26/2015 ORDER re 34 MOTION for Extension of Time; it is ORDERED that the deadline for Dfts Dinar Corp., Inc., My Monex, Inc., a Nevada Corporation, and Husam Tayeh to answer or otherwise respond to the complaint is EXTENDED to and including 8/28/2015; Plf has notified the court by telephone that it does not oppose this extension; Plf is DIRECTED to serve Relief Dfts promptly with a copy of this Order. Signed by Chief Judge William Keith Watkins on 8/26/2015. (wcl, )
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08/26/2015 ORDER denying 35 Motion for Issuance of an Order to Show Cause, as further set out in order. Signed by Chief Judge William Keith Watkins on 8/26/2015. (wcl, )
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08/26/2015 Second MOTION for Issuance of Order to Show Cause why Dfts and Their Counsel Should not be Held in Civil Contempt re 8 Temporary Restraining Order, 53 Order on Motion for Order to Show Cause, 19 Order, as to Defendants and defense counsel by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 2a, # 4 Exhibit 2b, # 5 Exhibit 3a, # 6 Exhibit 3b)(Mulreany, Timothy) Modified on 8/26/2015 to clarify the docket text (wcl, ).
55
08/28/2015 Second MOTION for Order to Show Cause upon Defendant Husam Tayeh by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mulreany, Timothy)
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08/28/2015 Evidentiary Submission re 55 Second MOTION for Order to Show Cause upon Defendant Husam Tayeh Redacted Financial Records Associated with Exhibit 1 filed by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 1c, # 4 Exhibit 1d, # 5 Exhibit 1e, # 6 Exhibit 1f, # 7 Exhibit 1g)(Mulreany, Timothy) (Additional attachment(s) added on 8/31/2015: # 8 Main Document (Evidentiary Submission)) (wcl, ). Modified on 8/31/2015 to attach a correct PDF document of an Evidentiary Submission pleading with certificate of service page which was previously omitted in error (wcl, ).
57
08/28/2015 MOTION to Dismiss Complaint by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit 1)(Latta, Forrest)
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08/28/2015 RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit A)(Latta, Forrest)
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08/28/2015 MOTION to Stay by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Latta, Forrest)
08/28/2015 ***Attorney Rachel Hirsch and A. Jeff Ifrah for Dinar Corp., Inc., My Monex, Inc., and Husam Tayeh added pursuant to the 57 motion. (No pdf attached to this entry) (wcl, )
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08/31/2015 NOTICE OF HEARING AND ORDER: ORDERED that, on or before 12:30 PM CDT on 9/2/2015, Dfts Dinar Corp, Inc., My Monex, Inc., a Nevada corporation, and Husam Tayeh and Attorney Forrest Stephen Latta shall SHOW CAUSE why the 54 motion should not be granted; ORDER Setting Hearing on Motion re 54 Second MOTION for Contempt: Motion Hearing set for 9/3/2015, at 10:00 AM, in Courtroom 2B, before Chief Judge William Keith Watkins; Dft Husam Tayeh and Attorney Forrest Stephen Latta are ORDERED to be in attendance at the hearing; Attorney A. Jeffrey Ifrah is NOTIFIED of the hearing and may appear at the hearing to address the motion; Plf is DIRECTED to serve Relief Dfts and Attorney A. Jeff Ifrah promptly with a copy of this Notice and Order. Signed by Chief Judge William Keith Watkins on 8/31/2015. (furn: calendar, ar) (wcl, )
61
08/31/2015 NOTICE OF HEARING AND ORDER: ORDERED that, on or before 12:30 PM CDT on 9/2/2015, Dft Husam Tayeh shall SHOW CAUSE why the 55 motion should not be granted; ORDER Setting Hearing on Motion re 55 Second MOTION for Contempt: Motion Hearing set for 9/3/2015, at 10:00 AM, in Courtroom 2B, before Chief Judge William Keith Watkins; Dft Husam Tayeh is ORDERED to be in attendance at the hearing; Plf is DIRECTED to serve Relief Dfts and Attorney A. Jeff Ifrah promptly with a copy of this Notice and Order. Signed by Chief Judge William Keith Watkins on 8/31/2015. (furn: calendar, ar) (wcl, )
08/31/2015 Applications for Clerk’s Entry of Default Docs. 48 , 49 , and 50 will not be entered due to Motion to Dismiss having been filed by defendants Dinar Corp Inc, My Monex, Inc a Nevada Corp, and Husam Tayeh. (dph)
62
08/31/2015 NOTICE OF HEARING AND ORDER: ORDERED that, on or before 12:30 PM CDT on 9/2/2015, Plf shall SHOW CAUSE why the 57 motion to dismiss should not be granted; ORDER Setting Hearing on Motion re 57 MOTION to Dismiss: Motion Hearing set for 9/3/2015, at 10:00 AM, in Courtroom 2B, before Chief Judge William Keith Watkins; Plf is DIRECTED to serve Relief Dfts and Attorney A. Jeff Ifrah promptly with a copy of this Notice and Order. Signed by Chief Judge William Keith Watkins on 8/31/2015. (furn: calendar, ar) (wcl, )
63
08/31/2015 NOTICE OF HEARING AND ORDER: ORDERED that, on or before 12:30 PM CDT on 9/2/2015, Plf shall SHOW CAUSE why the 59 motion to stay should not be granted; ORDER Setting Hearing on Motion re 59 MOTION to Stay: Motion Hearing set for 9/3/2015, at 10:00 AM, in Courtroom 2B, before Chief Judge William Keith Watkins; Plf is DIRECTED to serve Relief Dfts and Attorney A. Jeff Ifrah promptly with a copy of this Notice and Order. Signed by Chief Judge William Keith Watkins on 8/31/2015. (furn: calendar, ar) (wcl, )
64
08/31/2015 Clerk’s ENTRY OF DEFAULT as to My Monex, Inc., an Alabama Corporation. Signed by Clerk of Court, Debra P. Hackett on 8/31/2015. (wcl, )
65
08/31/2015 Motion to Appear Pro Hac Vice by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit A (Certificate of Good Standing – Jeff Ifrah))(Latta, Forrest)
66
08/31/2015 NOTICE of Correction re 56 Evidentiary Submission, to attach a correct PDF document of an Evidentiary Submission pleading with certificate of service page which was previously omitted in error. (Attachments: # 1 Correct Main PDF Document to Docket Entry 56 )(wcl, )
67
08/31/2015 Motion to Appear Pro Hac Vice by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit A (Rachel Hirsch certificate of good standing))(Latta, Forrest)
68
08/31/2015 Letter (Advice of Entry of Interested Party) received from Joe Simonton, Pro Se. (wcl, )
69
08/31/2015 Letter (Advice of Entry of Interested Party) received from Martha Farr, Pro Se.(wcl, )
70
08/31/2015 Letter (Advice of Entry of Interested Party) received from Ed Orton, Pro Se.(wcl, )
71
09/01/2015 Pro Hac Vice Filing fee received re 65 & 67 motions: $ 100.00, receipt number 4602038168. (wcl, )
72
09/01/2015 NOTICE of Appearance by Harry E. Wedewer on behalf of United States Commodity Futures Trading Commission. (wcl, )
73
09/01/2015 RESPONSE in Opposition re 57 MOTION to Dismiss Complaint filed by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
74
09/01/2015 (SEALED PURSUANT TO THE COURT’S 85 ORDER) RESPONSE in Opposition re 59 MOTION to Stay filed by United States Commodity Futures Trading Commission. (Mulreany, Timothy) Modified on 9/4/2015 (wcl, ).
75
09/02/2015 ORDER granting 65 Motion for Admission of Alain Jeff Ifrah Pro Hac Vice, as further set out in order. Signed by Chief Judge William Keith Watkins on 9/2/2015. (wcl, )
76
09/02/2015 ORDER granting 67 Motion for Admission of Rachel Hirsch Pro Hac Vice, as further set out in order. Signed by Chief Judge William Keith Watkins on 9/2/2015. (wcl, )
77
09/02/2015 RESPONSE in Opposition re 54 Second MOTION for Issuance of Order to Show Cause why Dfts and Their Counsel Should not be Held in Civil Contempt re 8 Temporary Restraining Order, 53 Order on Motion for Order to Show Cause, 19 Order, as to Defendants and defense counsel filed by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit 1 (Consent Forms))(Latta, Forrest) Modified on 9/2/2015 to clarify the docket text (wcl, ).
78
09/02/2015 RESPONSE in Opposition re 55 Second MOTION for Order to Show Cause upon Defendant Husam Tayeh filed by Husam Tayeh. (Attachments: # 1 Exhibit 1 (Declaration))(Latta, Forrest)
79
09/03/2015 NOTICE of Appearance by Stephen Talmadge Etheredge, Sr on behalf of Theodore S. Hudson, II (Etheredge, Stephen)
80
09/03/2015 NOTICE of Appearance by Alain Jeff Ifrah on behalf of Dinar Corp., Inc., My Monex, Inc., Husam Tayeh (Ifrah, Alain)
81
09/03/2015 NOTICE of Appearance by Rachel Hirsch on behalf of Dinar Corp., Inc., My Monex, Inc., Husam Tayeh (Hirsch, Rachel)
82
09/03/2015 Minute Entry for proceedings held before Chief Judge William Keith Watkins: Motion Hearing held on 9/3/2015 re 54 Second MOTION for Contempt re 8 Temporary Restraining Order, Terminate Motions, Set Deadlines/Hearings,,,,,,,,,,,, 53 Order on Motion for Order to Show Cause, 19 Order, Terminate Motions, Set Deadlines/Hearings,,,,,,,,,,,,,,, as to Defe filed by United States Commodity Futures Trading Commission, 3 MOTION for Preliminary Injunction filed by United States Commodity Futures Trading Commission, 55 Second MOTION for Order to Show Cause upon Defendant Husam Tayeh filed by United States Commodity Futures Trading Commission, 57 MOTION to Dismiss Complaint filed by My Monex, Inc., Dinar Corp., Inc., Husam Tayeh, 59 MOTION to Stay filed by My Monex, Inc., Dinar Corp., Inc., Husam Tayeh (PDF available for court use only). (Court Reporter Risa Entrekin.) (kcf, )
83
09/03/2015 MEMORANDUM OPINION AND ORDER: it is ORDERED that the duration of the 8 Statutory Restraining Order, which was previously set to expire on 9/3/2015, is EXTENDED and the 8 Statutory Restraining Order shall remain in force and effect as to Dfts Husam Tayeh, Dinar Corp., Inc., and Monex Nevada, until a new consent preliminary injunction is entered; it is ORDERED that, on or before 9/14/2014, Plf US Commodity Futures Trading Commission and Dfts Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation (“Monex Nevada”) shall file a proposed consent order of preliminary injunction, as further set out in order; Plf is DIRECTED to promptly serve Relief Dft My Monex Inc., an Alabama corporation, with a copy of this Order. Signed by Chief Judge William Keith Watkins on 9/3/2015. (wcl, )
84
09/04/2015 ORDERED that: 1) Plf’s 54 motion for issuance of an order to show cause why Dfts and their counsel should not be held in contempt is DENIED as moot; 2) Plf’s 55 motion for issuance of an order for Dft Husam Tayeh to show cause why he should not be held in contempt and for a criminal contempt referral to the United States District Attorney for the Middle District of Alabama is DENIED as moot; 3) Dfts’ 57 motion to dismiss is DENIED as moot; and 4) Dfts’ 59 motion to stay is DENIED as moot; Plf is DIRECTED to promptly serve Relief Dft My Monex Inc., an Alabama corporation, with a copy of this Order. Signed by Chief Judge William Keith Watkins on 9/4/2015. (wcl, )
85
09/04/2015 ORDER DIRECTING the Clerk to place the following documents under seal: 1) All exhibits to the complaint (Doc. # 1-1 through Doc. # 1-31); and 2) Plf’s opposition to Dfts’ motion to stay (Doc. # 74 ); it is ORDERED that, on or before 9/10/2015, Plf shall file a complete set of all exhibits to the complaint (Doc. # 1-1 through Doc. # 1-31); Plf is ORDERED to redact all personal identifying information from the complete set of exhibits to the complaint; Plf is DIRECTED to promptly serve Relief Dft My Monex Inc., an Alabama corporation, with a copy of this Order. Signed by Chief Judge William Keith Watkins on 9/4/2015. (wcl, )
86
09/10/2015 Corrected Letter received from Michael Frank Louis, Pro Se. (wcl, )
87
09/10/2015 Evidentiary Submission re 1 Complaint,,, filed by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8; Part 1, # 9 Exhibit 8; Part 2, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29; Part 1, # 31 Exhibit 29; Part 2, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32)(Buffa, JonMarc)
88
09/16/2015 ORDERED that, on or before 9/21/2015, Plf United States Commodity Futures Trading Commission and Dfts Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation, shall SHOW CAUSE why they have not filed a proposed consent order of preliminary injunction in accordance with the 83 Order entered on 9/3/2015. Signed by Chief Judge William Keith Watkins on 9/16/2015. (wcl, )
89
09/17/2015 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Excerpt of Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/3/2015, before Judge W. Keith Watkins; Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 10/8/2015; Redacted Transcript Deadline set for 10/19/2015; Release of Transcript Restriction set for 12/16/2015. (wcl, )
90
09/21/2015 RESPONSE TO ORDER TO SHOW CAUSE by United States Commodity Futures Trading Commission re 88 Order to Show Cause,. (Mulreany, Timothy)
91
09/22/2015 NOTICE by United States Commodity Futures Trading Commission Receipt of Funds (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
92
09/22/2015 ORDERED that 1. The time for Defendants Dinar Corp, Inc., My Monex, Inc. (Monex Nevada), and Husam Tayeh to file an Answer is EXTENDED to and including October 5, 2015. 2. Defendants specifically reserve the right to contest that the subject instruments are financed, as defined by Section 2(c)(2)(C) of the Commodity Exchange Act (“Act”) found at 7 U.S.C. § 2(c)(2)(C), and to deny those allegations in the complaint and make appropriate proofs at any later date. 3. As partial security to guarantee payment of potential consumer claims, Defendant Tayeh has tendered to Plaintiff the cash sum of Four Hundred Forty-One Thousand Dollars ($441,000) for which receipt has been given by the Federal Bureau of Investigation (FBI) on Plaintiff’s behalf. 4. Within five days of the entry of this Order, Defendant Tayeh also shall tender to Plaintiff (through the FBI) all un-negotiated cashier’s checks, money orders, and bank checks relating to pending contracts for the sale of foreign currency, as further set out in order. 5. To the extent there are any such cashier’s checks, money orders and/or bank checks not already tendered, Defendant Tayeh is under a continuing obligation to surrender to Plaintiff any further un-negotiated cashier’s checks, money orders or bank checks from customers of Defendants Dinar Corp., Inc. and Monex Nevada. Defendant Tayeh has represented to the court that such businesses have been closed and will not be reopened. 6. The parties are granted forty-five (45) days from the entry of this Order to conduct, if necessary, further expedited discovery limited to gathering records of Defendants’ cash transactions during the relevant period identified in the Complaint, as further set out in order 7. Plaintiff shall file a status report on or before December 1, 2015. Signed by Chief Judge William Keith Watkins on 9/22/2015. (kh, )
93
09/22/2015 CONSENT ORDER OF PRELIMINARY INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANTS: This Order shall remain in effect until further order of the court, and the court shall retain jurisdiction over this action to ensure compliance with this Order and for all other purposes related to this action. Further, in accordance with the parties’ agreement and the Order entered in September 3, 2015 (Doc. # 83 ), it is ORDERED that the Statutory Restraining Order (Doc. # 8 ) is LIFTED and is no longer in effect. Signed by Chief Judge William Keith Watkins on 9/22/2015. (kh, )
09/23/2015 Reset Answer Deadlines pursuant to the court’s 92 Order: Dinar Corp., Inc. due 10/5/2015; My Monex, Inc. (Nevada) due 10/5/2015; Husam Tayeh due 10/5/2015. (No pdf attached to this entry) (wcl, )
94
09/29/2015 ORDER denying as moot 3 Motion for Preliminary Injunction. Signed by Chief Judge William Keith Watkins on 9/29/2015. (wcl, )
95
10/01/2015 ANSWER to 1 Complaint,,, by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh.(Latta, Forrest)
96
10/14/2015 MOTION for Release of Funds (Modification of Preliminary Injunction Order for Release of Funds to Pay for Attorneys’ Fees) by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Exhibit 1 (Declaration of A. Jeff Ifrah), # 2 Exhibit 2 (Declaration of Forrest S. Latta))(Latta, Forrest)
97
10/15/2015 MOTION for Extension of Deadline re 92 Order, Set Deadlines,,,,,,,,,,,,,, of Limited Discovery by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
98
10/19/2015 ORDER granting 97 Unopposed Motion for Extension of Time for Limited Discovery and that the time for the parties to conduct expedited discovery limited to gathering records of Dfts’ cash transactions during the relevant period identified in the Complaint is EXTENDED an additional 45 days to and including 12/21/2015. Signed by Chief Judge William Keith Watkins on 10/19/2015. (wcl, )
99
10/19/2015 RESPONSE in Opposition re 96 MOTION for Release of Funds (Modification of Preliminary Injunction Order for Release of Funds to Pay for Attorneys’ Fees) filed by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
100
10/19/2015 Copy of Letter filed in USDC, Indiana Northern was received from Jordan Frazier and Cora Frazier, Pro Se. (wcl, )
101
10/20/2015 ORDER REFERRING MOTION to US Magistrate Judge Terry F. Moorer for further proceedings and determination or recommendation as may be appropriate: 96 MOTION for Release of Funds (Modification of Preliminary Injunction Order for Release of Funds to Pay for Attorneys’ Fees). Signed by Chief Judge William Keith Watkins on 10/20/2015. (wcl, )
102
10/23/2015 REPLY to Response to Motion re 96 MOTION for Release of Funds (Modification of Preliminary Injunction Order for Release of Funds to Pay for Attorneys’ Fees) filed by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Latta, Forrest)
103
11/17/2015 ORDER Setting Hearing on Motion re 96 MOTION for Modification of Preliminary Injunction Order: Oral Argument set for 11/30/2015 at 10:00 AM in Courtroom 4A before Honorable Judge Terry F. Moorer. Signed by Honorable Judge Terry F. Moorer on 11/17/2015. (furn: calendar, cb)(wcl, )
104
11/18/2015 ORDERED that the hearing set for 11/30/2015 at 10:00 AM is RESET for 12/1/2015 at 1:00 PM in Courtroom 4A before Honorable Judge Terry F. Moorer. Signed by Honorable Judge Terry F. Moorer on 11/18/2015. (furn: calendar, cb)(wcl, )
105
11/25/2015 STATUS REPORT by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
107
12/01/2015 Minute Entry for Motion Hearing held before Honorable Judge Terry F. Moorer on 12/1/2015 re 96 Modification of Preliminary Injunction Order for Release of Funds to Pay for Attorneys’ Fees. (PDF available for court use only). (Recording Time 1:01-1:23.) (cb, )
106
12/04/2015 RULE 26(f) ORDER: It is ORDERED that, within 21 days of the expiration of the deadline for limited discovery (i.e. within 21 days of the latest of 12/21/2015, or any extension of that deadline, if granted on motion of any party), the parties shall file a Rule 26(f) report containing the discovery plan for any outstanding discovery required in this action, as further set out in order. Signed by Chief Judge William Keith Watkins on 12/4/2015. (wcl, )
108
12/15/2015 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 12/1/2015, before Judge Terry F. Moorer; Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 1/5/2016; Redacted Transcript Deadline set for 1/15/2016; Release of Transcript Restriction set for 3/14/2016. (wcl, )
109
12/21/2015 Second MOTION for Extension of Deadline 12-21-15 re 98 Order on Motion for Extension of Deadline, regarding limited expedited discovery by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
110
12/23/2015 RESPONSE in Opposition re 109 Second MOTION for Extension of Deadline 12-21-15 re 98 Order on Motion for Extension of Deadline, regarding limited expedited discovery filed by Dinar Corp., Inc., My Monex, Inc., Husam Tayeh. (Attachments: # 1 Affidavit Declaration of Jeff Ifrah)(Latta, Forrest)
111
12/23/2015 RESPONSE in Opposition re 109 Second MOTION for Extension of Deadline 12-21-15 re 98 Order on Motion for Extension of Deadline, regarding limited expedited discovery filed by Theodore S. Hudson, II. (Etheredge, Stephen)
112
01/06/2016 ORDERED that Plaintiff’s motion for extension of the deadline for limited discovery (Doc. # 109 ) is SET for a status conference at 10:00 a.m. on January 22, 2016. This proceeding shall be conducted by an on-the-record telephone conference. Plaintiff shall set up the telephone conference. Further, it is ORDERED that the deadline previously set by the December 4, 2015 Order (Doc. # 106 ) for the parties to file a Rule 26(f) report is SUSPENDED and will be reset after the status conference. Signed by Chief Judge William Keith Watkins on 1/6/2016. (furn: AR, Calendar)(kh, )
113
01/22/2016 Minute Entry for proceedings held before Chief Judge William Keith Watkins and Magistrate Judge Terry F. Moorer: Telephone Status Conference held on 1/22/2016 (PDF available for court use only). (Court Reporter Tricia Starkie.) (ajr, )
114
01/22/2016 ORDER denying 109 Second MOTION for Extension of the Limited Discovery Deadline; further, pursuant to FRCP 26(f), it is ORDERED that, on or before 2/3/2016, all parties shall confer, develop, and file a limited proposed discovery plan, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/22/2016. (wcl, )
115
01/29/2016 MOTION for Extension of Deadline Time to File Limited Discovery Pla re 114 Order, Terminate Motions, Set Deadlines,,, by United States Commodity Futures Trading Commission. (Mulreany, Timothy)
116
02/01/2016 MOTION for Release of Funds Motion for Release of Personal and Real Property from Operation of Restraining Order by Theodore S. Hudson, II. (Etheredge, Stephen)
117
02/02/2016 TEX ORDER GRANTING 115 motion for extension of time. The time for filing a discovery plan in accordance with the court’s January 22, 2016 Order (Doc. # 114 ) is extended to and including February 10, 2016. Signed by Chief Judge William Keith Watkins on 2/2/2016. (no pdf document attached to this entry)(kh, )
118
02/02/2016 ORDERED that, on or before February 16, 2016, Plaintiff shall SHOW CAUSE why Defendant Theodore S. Hudsons motion for release of personal and real property from operation of the restraining order (Doc. # 116 ) should not be granted. Signed by Chief Judge William Keith Watkins on 2/2/2016. (kh, )
119
02/10/2016 STATUS REPORT by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1)(Mulreany, Timothy)
120
02/11/2016 NOTICE of Appearance by David Bernard Kent on behalf of United States Commodity Futures Trading Commission (Kent, David)
121
02/11/2016 LIMITED DISCOVERY ORDER, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/11/2016. (wcl, )
122
02/11/2016 GENERAL BRIEFING ORDER setting out other briefing deadlines, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/11/2016. (wcl, )
123
02/16/2016 RESPONSE in Opposition re 116 MOTION for Release of Funds Motion for Release of Personal and Real Property from Operation of Restraining Order filed by United States Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Mulreany, Timothy)
124
02/26/2016 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 1/22/2016, before Judge W. Keith Watkins; Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 3/18/2016; Redacted Transcript Deadline set for 3/28/2016; Release of Transcript Restriction set for 5/26/2016. (wcl, )
02/29/2016 Motions No Longer Referred to US Magistrate Judge: 96 MOTION for Release of Funds. (No pdf attached to this entry) (wcl, )
125
02/29/2016 MEMORANDUM OPINION AND ORDER: it is ORDERED: 1) The 101 Order referring Dfts’ 96 Motion for Modification of Preliminary Injunction Order for Release of Funds to Pay Attorneys’ Fees to the Magistrate Judge is VACATED; 2) Dfts’ 96 Motion for Modification of Preliminary Injunction Order for Release of Funds to Pay Attorneys’ Fees is GRANTED; 3) The following funds shall be RELEASED to Dfts’ counsel: $20,000.00 of the funds held by Ifrah, PLLC, and $75,000.00 of the funds held by Cozen O’Connor. The funds shall be paid as follows: $45,000.00 shall be paid to the firm of Burr & Foreman, LLP; $25,000.00 shall be paid to the firm of Ifrah PLLC for legal services previously rendered; and the remainder shall be held in trust by Ifrah PLLC for payment of additional reasonable attorney’s fees incurred in the defense of this case. In the event that any of the funds held in trust remain unused at the close of this case, Ifrah PLLC shall so notify the court within 7 days of the entry of a final judgment; 4) Paragraph II.6. of the 93 Consent Order of Preliminary Injunction is MODIFIED, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/29/2016. (wcl, )
126
02/29/2016 ORDER denying 116 Motion for Release of Personal and Real Property from Operation of the Restraining Order; The denial of the motion is without prejudice to refile it in compliance with the 21 Consent Order of Preliminary Injunction. Signed by Chief Judge William Keith Watkins on 2/29/2016. (wcl, )
Pages: 14, Cost: 1.40 Paid for by Nick Giammarino