Commodity Futures Trading Commission v. Ooki DAO
| Commodity Futures Trading Commission |
| Ooki DAO doing business as bZx DAO |
| Paradigm Operations LP |
| LeXpunK, DeFi Education Fund and Andreessen Horowitz |
| 3:2022cv05416 |
| September 22, 2022 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| William H Orrick |
| Securities/Commodities |
| None |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 77 JUDGMENT. Signed by Judge William H. Orrick on 06/08/2023. (jmd, COURT STAFF) (Filed on 6/8/2023) |
Filing 76
ORDER GRANTING #68 MOTION FOR DEFAULT JUDGMENT by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 6/8/2023)
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| Filing 75 Supplemental Brief re #68 MOTION for Default Judgment by the Court as to PERSONAL JURISDICTION AND WEBSITE REMOVAL filed byCommodity Futures Trading Commission. (Attachments: #1 Exhibit Kyle Kistner Declaration, #2 Exhibit Tom Bean Declaration, #3 Exhibit Brittne Snyder Declaration)(Related document(s) #68 ) (Biagioli, Anthony) (Filed on 6/2/2023) |
| Filing 74 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 5/17/2023 re #68 MOTION for Default Judgment. Supplemental briefs of no more than 5 pages may be filed on or before 06/02/2023. Upon receipt and review of the supplemental briefing, a written order shall issue. Total Time in Court: 12 minutes. Court Reporter: Summer Fisher. (jmd, COURT STAFF) (Date Filed: 5/17/2023) |
| Filing 73 REPLY (re #68 MOTION for Default Judgment by the Court as to ) PLAINTIFF CFTCS RESPONSE TO BRIEF OF AMICI CURIAE filed byCommodity Futures Trading Commission. (Biagioli, Anthony) (Filed on 5/5/2023) |
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Filing 72
ORDER GRANTING #70 MOTION TO FILE AMICUS BRIEF by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 4/24/2023)
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| Filing 71 Statement re #70 MOTION to File Amicus Curiae Brief PLAINTIFF CFTCS STATEMENT OF NON-OPPOSITION by Commodity Futures Trading Commission. (Biagioli, Anthony) (Filed on 4/24/2023) |
| Filing 70 MOTION to File Amicus Curiae Brief filed by Andreessen Horowitz, DeFi Education Fund, LeXpunK, Paradigm Operations LP. Motion Hearing set for 5/17/2023 02:00 PM in San Francisco, - Videoconference Only before Judge William H. Orrick. Responses due by 5/5/2023. Replies due by 5/12/2023. (Attachments: #1 Proposed Order)(Tung, Eric) (Filed on 4/21/2023) |
| Filing 69 CLERKS NOTICE RESETTING ZOOM HEARING - Case Management Conference continued to 5/17/2023 02:00 PM to coincide with the hearing on #68 Motion for Default Judgment. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 4/12/2023) |
| Filing 68 MOTION for Default Judgment by the Court as to filed by Commodity Futures Trading Commission. Motion Hearing set for 5/17/2023 02:00 PM in San Francisco, - Videoconference Only before Judge William H. Orrick. Responses due by 4/21/2023. Replies due by 4/28/2023. (Attachments: #1 Proposed Order Proposed Default Judgment Order)(Biagioli, Anthony) (Filed on 4/7/2023) |
| Set Deadlines/Hearings: Case Management Statement due by 4/11/2023. Further Case Management Conference set for 4/18/2023 02:00 PM via Videoconference. (jmd, COURT STAFF) (Filed on 2/9/2023) |
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Filing 67
ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE by Judge William H. Orrick re: #66 Motion. Case Management Statement due by 4/11/2023. Case Management Conference reset for 4/18/2023 02:00 PM via Videoconference. (jmd, COURT STAFF) (Filed on 1/26/2023) Modified on 2/9/2023 to correct dates (jmd, COURT STAFF).
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| Filing 66 MOTION to Vacate #14 Case Management Scheduling Order filed by Commodity Futures Trading Commission. Responses due by 2/2/2023. Replies due by 2/9/2023. (Attachments: #1 Exhibit Snyder Declaration, #2 Proposed Order)(Biagioli, Anthony) (Filed on 1/19/2023) |
| Filing 65 Clerk's Notice ENTRY OF DEFAULT as to Ooki DAO. (Related documents(s) #64 )(wsn, COURT STAFF) (Filed on 1/17/2023) |
| Filing 64 MOTION for Entry of Default against Defendant OOKI DAO filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit draft entry of default)(Biagioli, Anthony) (Filed on 1/11/2023) Modified on 1/11/2023 (far, COURT STAFF). |
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Filing 63
ORDER CONCLUDING THAT SERVICE HAS BEEN ACHIEVED. Signed by Judge William H. Orrick on 12/20/2022. (jmd, COURT STAFF) (Filed on 12/20/2022)
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| Filing 62 Refund Status re #54 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 12/15/2022) |
| Filing 61 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission (Attachments: #1 Exhibit Email from Jason Gottlieb)(Biagioli, Anthony) (Filed on 12/15/2022) |
| Filing 60 CLERKS NOTICE RESETTING ZOOM HEARING - Initial Case Management Conference reset for 2/14/2023 02:00 PM via Videoconference. Case Management Statement due by 2/7/2023. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court procee dings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (File d on 12/13/2022) |
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Filing 59
ORDER TO SERVE INDIVIDUALS OR SHOW CAUSE. The CFTC must file confirmation of service or its response to show cause no later than January 11, 2023. Signed by Judge William H. Orrick on 12/12/2022. (jmd, COURT STAFF) (Filed on 12/12/2022)
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| Filing 58 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 12/7/2022. Total Time in Court: 1 hour. Court Reporter: Ana Dub. (jmd, COURT STAFF) (Date Filed: 12/7/2022) |
| Filing 57 Brief Reply of DeFi Education Fund Regarding Plaintiff's Motion for Alternative Service filed byDeFi Education Fund. (Oswell, Laura) (Filed on 11/21/2022) |
| Filing 56 Brief (Reply Amicus Curiae Brief of Andreessen Horowitz Regarding Plaintiff's Motion for Alternative Service) filed byAndreessen Horowitz. (Yatter, Douglas) (Filed on 11/21/2022) |
| Filing 55 RESPONSE Brief In Opposition To Commodity Futures Trading Commissions Consolidated Opposition To Amicus Curiae Motions For Reconsideration Of Order Granting Plaintiffs Motion For Alternative Service by LeXpunK. (Palley, Stephen) (Filed on 11/21/2022) |
| Filing 54 Application for Refund re #42 Refund Status, Receipt Number ACANDC-17595187 (duplicate charge) by DeFi Education Fund. (Roll, Alicia) (Filed on 11/15/2022) |
| Filing 53 Response PLAINTIFFS CONSOLIDATED OPPOSITION TO AMICUS CURIAE MOTIONS FOR RECONSIDERATION OF ORDER GRANTING PLAINTIFFS MOTION FOR ALTERNATIVE SERVICE byCommodity Futures Trading Commission. (Attachments: #1 Declaration Brittne Snyder Declaration with Exhibits)(Biagioli, Anthony) (Filed on 11/14/2022) |
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Filing 52
Order by Judge William H. Orrick granting #47 Motion for Pro Hac Vice by Samir Deger-Sen. (jmd, COURT STAFF) (Filed on 11/2/2022)
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Filing 51
Order by Judge William H. Orrick granting #46 Motion for Pro Hac Vice by Benjamin Naftalis. (jmd, COURT STAFF) (Filed on 11/2/2022)
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| Filing 50 CLERKS NOTICE SETTING ZOOM HEARING. Hearing as to #16 , #22 , #45 Amicus Briefs construed as motions for reconsideration of the Court's decision to permit alternative service reset for 12/7/2022 02:00 PM via Videoconference. Response due 11/14/2022. Reply due 11/21/2022. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only en try generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 11/1/2022) |
| Filing 49 GRANTING #45 MOTION FOR LEAVE TO FILE AMICUS BRIEF AND RESETTING HEARING DATE by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 11/1/2022) |
| Filing 48 OPPOSITION/RESPONSE (re #45 MOTION for Leave to File Amicus Brief ) filed byCommodity Futures Trading Commission. (Biagioli, Anthony) (Filed on 11/1/2022) |
| Filing 47 MOTION for leave to appear in Pro Hac Vice on Behalf of Proposed Amicus Curiae Andreessen Horowitz ( Filing fee $ 317, receipt number ACANDC-17684032.) filed by Andreessen Horowitz. (Attachments: #1 Certificate of Good Standing)(Deger-Sen, Samir) (Filed on 10/31/2022) |
| Filing 46 MOTION for leave to appear in Pro Hac Vice on Behalf of Proposed Amicus Curiae Andreessen Horowitz ( Filing fee $ 317, receipt number BCANDC-17684027.) filed by Andreessen Horowitz. (Attachments: #1 Certificate of Good Standing)(Naftalis, Benjamin) (Filed on 10/31/2022) |
| Filing 45 MOTION for Leave to File Amicus Brief filed by Andreessen Horowitz. (Attachments: #1 Exhibit A Proposed Amicus Brief, #2 Declaration of Non-Opposition in Support of Motion for Leave to File Amicus Brief, #3 Proposed Order Granting Motion for Leave to File Amicus Brief)(Yatter, Douglas) (Filed on 10/31/2022) |
| Filing 44 NOTICE of Appearance by Matthew Rawlinson on Behalf of Proposed Amicus Curiae Andreessen Horowitz (Rawlinson, Matthew) (Filed on 10/31/2022) |
| Filing 43 NOTICE of Appearance by Douglas Kent Yatter on Behalf of Proposed Amicus Curiae Andreessen Horowitz (Yatter, Douglas) (Filed on 10/31/2022) |
| Filing 42 Refund Status re #29 Application for Refund Declined. (kep, COURT STAFF) (Filed on 10/26/2022) |
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Filing 41
Order by Judge William H. Orrick granting #33 Motion for Pro Hac Vice by Joshua Sterling. (jmd, COURT STAFF) (Filed on 10/20/2022)
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Filing 40
Order by Judge William H. Orrick granting #35 Motion for Pro Hac Vice by Rodrigo Seira. (jmd, COURT STAFF) (Filed on 10/20/2022)
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Filing 39
Order by Judge William H. Orrick granting #34 Motion for Pro Hac Vice by Isabelle Hanna. (jmd, COURT STAFF) (Filed on 10/20/2022)
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Filing 38
Order by Judge William H. Orrick granting #32 Motion for Pro Hac Vice by James M. Burnham. (jmd, COURT STAFF) (Filed on 10/20/2022)
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Filing 37
ORDER GRANTING LEAVE TO FILE AMICUS BRIEF AND ALLOCATING ARGUMENT TIME AT HEARING by Judge William H. Orrick granting #31 Motion for Leave to File. (jmd, COURT STAFF) (Filed on 10/20/2022)
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| Filing 36 Brief Amicus Curiae Brief of LexPunk Regarding Plaintiff's Motion For Alternative Service filed byLeXpunK. (Palley, Stephen) (Filed on 10/17/2022) |
| Filing 35 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17632278.) filed by Paradigm Operations LP. (Attachments: #1 Certificate of Good Standing)(Seira, Rodrigo) (Filed on 10/17/2022) |
| Filing 34 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17632258.) filed by Paradigm Operations LP. (Attachments: #1 Certificate of Good Standing)(Hanna, Isabelle) (Filed on 10/17/2022) |
| Filing 33 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17632215.) filed by Paradigm Operations LP. (Attachments: #1 Certificate of Good Standing)(Sterling, Joshua) (Filed on 10/17/2022) |
| Filing 32 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17632178.) filed by Paradigm Operations LP. (Attachments: #1 Certificate of Good Standing)(Burnham, James) (Filed on 10/17/2022) |
| Filing 31 MOTION for Leave to File Amicus Curiae Brief of Paradigm Operations LP and for Leave to Participate in Upcoming Hearing filed by Paradigm Operations LP. (Attachments: #1 Proposed Order)(Tung, Eric) (Filed on 10/17/2022) |
| Filing 30 NOTICE of Appearance by Eric Tung (Tung, Eric) (Filed on 10/17/2022) |
| Filing 29 Application for Refund, Receipt Number BCANDC-17595187 (duplicate charge) by DeFi Education Fund. (Roll, Alicia) (Filed on 10/14/2022) |
| Filing 28 CLERKS NOTICE SETTING ZOOM HEARING - Motion Hearing set for 11/30/2022 02:00 PM as to #16 , #22 requests being interpreted as motions for reconsideration of the Court's decision to permit alternative service in the case. Responses due by 11/7/2022. Replies due by 11/14/2022. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-o nly entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 10/12/2022) |
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Filing 27
ORDER GRANTING LEAVE TO FILE AMICUS AND SETTING HEARING SCHEDULE by Judge William H. Orrick re: #16 , #22 Motion for Leave to File. (jmd, COURT STAFF) (Filed on 10/12/2022)
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Filing 26
Order by Judge William H. Orrick granting #19 Motion for Pro Hac Vice by Daniel Richardson. (jmd, COURT STAFF) (Filed on 10/11/2022)
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Filing 25
Order by Judge William H. Orrick granting #18 Motion for Pro Hac Vice by Stephen D. Palley. (jmd, COURT STAFF) (Filed on 10/11/2022)
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Filing 24
Order by Judge William H. Orrick granting #20 Motion for Pro Hac Vice by Ann-Elizabeth Ostranger. (jmd, COURT STAFF) (Filed on 10/11/2022)
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Filing 23
Order by Judge William H. Orrick granting #21 Motion for Pro Hac Vice by James McDonald. (jmd, COURT STAFF) (Filed on 10/11/2022)
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| Filing 22 MOTION for Leave to File Amicus Curiae Brief of DeFi Education Fund regarding Plaintiff's Motion for Alternative Service filed by DeFi Education Fund. (Attachments: #1 Proposed Order)(Oswell, Laura) (Filed on 10/4/2022) |
| Filing 21 MOTION for leave to appear in Pro Hac Vice of James McDonald & Order Granting Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17595202.) filed by DeFi Education Fund. (Attachments: #1 Certificate of Good Standing)(McDonald, James) (Filed on 10/4/2022) |
| Filing 20 MOTION for leave to appear in Pro Hac Vice of Ann-Elizabeth Ostrager & Order Granting Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17595198.) filed by DeFi Education Fund. (Attachments: #1 Certificate of Good Standing)(Ostrager, Ann-Elizabeth) (Filed on 10/4/2022) |
| Filing 19 MOTION for leave to appear in Pro Hac Vice of Daniel Richardson & Order Granting Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-17595187.) filed by DeFi Education Fund. (Attachments: #1 Certificate of Good Standing)(Richardson, Daniel) (Filed on 10/4/2022) |
| Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17591743.) filed by LeXpunK. (Palley, Stephen) (Filed on 10/4/2022) |
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Filing 17
ORDER GRANTING PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE by Judge William H. Orrick re #11 Administrative Motion and #13 Administrative Motion. (jmd, COURT STAFF) (Filed on 10/3/2022)
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| Filing 16 MOTION for Leave to File Proposed Amicus Curiae Brief of LeXpunK in Response to Plaintiff's Motion for Alternative Service Against Defendant Ooki Dao (ECF NO. 11) filed by LeXpunK. (Moniz, Samuel) (Filed on 10/3/2022) |
| Filing 15 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission (Biagioli, Anthony) (Filed on 9/28/2022) |
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Filing 14
CASE MANAGEMENT CONFERENCE ORDER: Case Management Conference set for 12/20/2022 02:00 PM via- Videoconference. Case Management Statement due by 12/13/2022. Signed by Judge William H. Orrick on 09/27/2022. (jmd, COURT STAFF) (Filed on 9/27/2022)
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| Filing 13 ADMINISTRATIVE MOTION Supplement Plaintiffs motion for Alternative Service against Defendant Ooki DAO re #11 First ADMINISTRATIVE MOTION ALTERNATIVE SERVICE AGAINST DEFENDANT OOKI DAO filed by Commodity Futures Trading Commission. Responses due by 10/3/2022. (Attachments: #1 Exhibit Brittne Snyder Declaration, #2 Proposed Order Proposed Order)(Biagioli, Anthony) (Filed on 9/27/2022) |
| Filing 12 CERTIFICATE OF SERVICE by Commodity Futures Trading Commission (Biagioli, Anthony) (Filed on 9/27/2022) |
| Filing 11 First ADMINISTRATIVE MOTION ALTERNATIVE SERVICE AGAINST DEFENDANT OOKI DAO filed by Commodity Futures Trading Commission. Responses due by 10/3/2022. (Attachments: #1 Exhibit Attachment 1 - Brittne Snyder Declaration, #2 Exhibit Attachment 2 - Proposed Order Granting Motion)(Biagioli, Anthony) (Filed on 9/27/2022) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 9/23/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 9/23/2022)
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2, COURT STAFF) (Filed on 9/23/2022) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Commodity Futures Trading Commission.. (Biagioli, Anthony) (Filed on 9/23/2022) |
| Filing 7 Summons Issued as to Ooki DAO. (kmg, COURT STAFF) (Filed on 9/22/2022) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/15/2022. Initial Case Management Conference set for 12/22/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (kmg, COURT STAFF) (Filed on 9/22/2022) |
| Filing 5 Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/6/2022. (as, COURT STAFF) (Filed on 9/22/2022) |
| Filing 4 NOTICE of Appearance by Thomas L Simek (Simek, Thomas) (Filed on 9/22/2022) |
| Filing 3 NOTICE of Appearance by Anthony C. Biagioli (Biagioli, Anthony) (Filed on 9/22/2022) |
| Filing 2 Proposed Summons. (Biagioli, Anthony) (Filed on 9/22/2022) |
| Filing 1 COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF AND CIVIL MONETARY PENALTIES UNDER THE COMMODITY EXCHANGE ACT AND COMMISSION REGULATIONS against Ooki DAO. Filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet (Biagioli, Anthony) (Filed on 9/22/2022) Modified on 9/22/2022 (kmg, COURT STAFF). |
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