Brian Barry, et al v. Cboe Global Markets, Inc., et al
| BRIAN BARRY, SPENCER R. BUENO, DAVID SAMUEL, individually and on behalf of all others similarly situated, FTC CAPITAL GMBH, individually and on behalf of all others similarly situated and AMY HUANG |
| WOLVERINE TRADING LLC, DRW HOLDINGS, LLC, IMC FINANCIAL MARKETS, LLC, BELVEDERE TRADING, LLC, CTC, LLC, CITADEL SECURITIES LLC, CHICAGO BOARD OF OPTIONS EXCHANGE, INC., CONSOLIDATED TRADING, LLC, CITIGROUP DERIVATIVES MARKET, INC., CBOE FUTURES EXCHANGE, LLC, CBOE EXCHANGE, INC. and CBOE GLOBAL MARKETS, INC. |
| 20-1843 |
| May 19, 2020 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Barry v. Cboe Global Markets, Inc.
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Brian Barry v. Cboe Global Markets, Inc.
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Docket Report
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This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.
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Filing 32
Order issued GRANTING motion to extend time to file appellees' brief. [ # 31 ] Appellees' brief due on or before 08/28/2020 for Cboe Exchange, Inc., Cboe Futures Exchange, LLC and Cboe Global Markets, Inc.. Appellants' reply brief, if any, is due on or before 09/18/2020 for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. CMD. [32] [7093160] [20-1843] (ZNS) [Entered: 07/13/2020 03:48 PM]
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| Filing 31 Motion filed by Appellees Cboe Global Markets, Inc., Cboe Futures Exchange, LLC and Cboe Exchange, Inc. - Unopposed Motion to Reset Briefing Schedule. [31] [7092848] [20-1843] (Schar, Reid) [Entered: 07/10/2020 05:22 PM] |
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Filing 30
ORDER re: Plaintiffs-Appellants' statement identifying the parties to this appeal. The clerk shall modify the docket to reflect that the appellants in this matter are Brian Barry, Richard S. Aaron, William Tad Berger, Spencer R. Bueno, Dale Cary, Victor Choa, FTC Capital GmbH, Amy Huang, LRI Invest S.A., John Pels, Projection Capital Markets, LLC, and David Samuel. The clerk shall further modify the docket to reflect that the appellees in this matter are Cboe Global Markets, Inc., Cboe Futures Exchange, LLC, and Cboe Exchange, Inc. CMD [30] [7092404] [20-1843] (AG) [Entered: 07/09/2020 02:34 PM]
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| Filing 29 Filed Statement by Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel to Court Order of 6/25/20. [29][7090991] [20-1843] (Bunge, Jonathan) [Entered: 07/02/2020 04:01 PM] |
| Filing 28 Paper copies of appellant brief and supplemental appendix filed by Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. [28] [7090904] [20-1843] (DRS) [Entered: 07/02/2020 01:31 PM] |
| Filing 27 Filed Appendix by Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. [27] [7090177] Paper copies due on 07/06/2020 [20-1843] (PNR) [Entered: 06/30/2020 10:31 AM] |
| Filing 26 Appellant's brief filed by Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. Appellee's brief due on or before 07/29/2020 for Belvedere Trading, LLC, CTC, LLC, Cboe Global Markets, Inc., Chicago Board of Options Exchange, Inc., Citadel Securities LLC, Citigroup Derivatives Market, Inc., Consolidated Trading, LLC, DRW Holdings, LLC, IMC Financial Markets, LLC and Wolverine Trading LLC. Paper copies due on 07/06/2020 Electronically Transmitted. [26] [7090174] [20-1843] (PNR) [Entered: 06/30/2020 10:29 AM] |
| Filing 25 Submitted Supplemental Appendix by Jonathan C. Bunge, Daniel L. Brockett, Jeremy D. Andersen, Kimberly A. Justice, Sharan Nirmul, Joshua A. Materese & Stacey M. Kaplan for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. [25] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7090060] [20-1843] (Bunge, Jonathan) [Entered: 06/29/2020 04:26 PM] |
| Filing 24 Submitted appellant brief by Jonathan C. Bunge, Daniel L. Brockett, Jeremy D. Andersen, Kimberly A. Justice, Stacey M. Kaplan, Sharan Nirmul & Joshua A. Materese for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7090055] [20-1843] (Bunge, Jonathan) [Entered: 06/29/2020 04:22 PM] |
| Filing 23 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan C. Bunge for Appellants Brian Barry, FTC Capital GMBH, Amy Huang and David Samuel. for Spencer Bueno, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets, LLC, Richard S. Aaron. [23] [7090046] (L-Yes; E-Yes; R-No) [20-1843] (Bunge, Jonathan) [Entered: 06/29/2020 04:19 PM] |
| Filing 22 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sharan Nirmul, Joshua A. Materese, Kimberly A. Justice, Daniel L. Brockett, Jeremy D. Andersen for Appellants Brian Barry, FTC Capital GMBH, Amy Huang and David Samuel. for Spencer Bueno, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets, LLC, Richard S. Aaron. [22] [7090040] (L-No; E-No; R-No) [20-1843] (Bunge, Jonathan) [Entered: 06/29/2020 04:17 PM] |
| Filing 21 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stacey M. Kaplan for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. Additional Parties: Richard S. Aaron, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets LLC. [21] [7089747] (L-No; E-Yes; R-No) [20-1843] [Edited 06/29/2020 by CG to reflect the addition of counsel.] (Kaplan, Stacey) [Entered: 06/29/2020 06:37 AM] |
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Filing 20
ORDER: Before the court is the district courts order dated June 2, 2020, that corrects the district courts docket and caption. IT IS ORDERED that counsel for the appellants file, by July 2, 2020, a statement that identifies the parties in this appeal. CMD [20] [7089389] [20-1843] (AG) [Entered: 06/25/2020 03:20 PM]
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| Filing 19 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Abby M. Mollen for Appellee Citadel Securities LLC has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [19] [7089277] [20-1843] (LJ) [Entered: 06/25/2020 12:23 PM] |
| Filing 18 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney P. Stephen Fardy for Appellee Consolidated Trading, LLC has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [18] [7089272] [20-1843] (LJ) [Entered: 06/25/2020 12:16 PM] |
| Filing 17 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Jonathan D. Cogan for Appellee DRW Holdings, LLC has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [17] [7089268] [20-1843] (LJ) [Entered: 06/25/2020 12:10 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Geoffrey C. Jarvis for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. Additional Parties: Richard S. Aaron, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets LLC. [16] [7088823] (L-No; E-Yes; R-No) [20-1843] --[Edited 06/24/2020 by AP- to reflect the addition of counsel] (Jarvis, Geoffrey) [Entered: 06/23/2020 03:21 PM] |
| Filing 15 Added Attorney(s) Joshua A. Materese for party(s) Appellant David Samuel Appellant Amy Huang Appellant FTC Capital GMBH Appellant Brian Barry Appellant Spencer R. Bueno, in case 20-1843 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joshua A. Materese for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. Additional Parties: Richard S. Aaron, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets LLC. [15] [7088710] (L-No; E-Yes; R-No) [20-1843]--[Edited 06/23/2020 by AD to reflect the addition of counsel.] (Materese, Joshua) [Entered: 06/23/2020 11:09 AM] |
| Filing 14 THIS ENTRY HAS BEEN REMOVED AS ENTERED IN ERROR. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Geoffrey C. Jarvis for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. Additional Parties: Richard S. Aaron, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets LLC. [14] [7088531] (L-No; E-Yes; R-No) [20-1843]--[Edited 06/23/2020 by CMD to reflect erroneous entry. Counsel will re-file disclosure statement.] (Jarvis, Geoffrey) [Entered: 06/22/2020 02:27 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Raphael Janove for Appellants Brian Barry, Spencer R. Bueno, David Samuel, Amy Huang and FTC Capital GMBH. Additional Parties: Richard S. Aaron, William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets LLC. [13] [7087830] (L-No; E-Yes; R-No) [20-1843] [Edited 06/18/2020 by CG to reflect the addition of counsel.] (Janove, Raphael) [Entered: 06/18/2020 11:50 AM] |
| Filing 12 Filed District Court order dated 06/02/2020. The Court hereby orders that the following Defendants are dismissed without prejudice and further orders that the following Defendants be removed from the general docket and caption for this case. (See attached order for 10 listed Defendants.) The Court further orders that Plaintiff Richard S. Aaron be added to the general docket and caption as a Plaintiff-Appellant for this case. Forwarded to SCR. [12] [7086670] [20-1843] (JR) [Entered: 06/12/2020 10:14 AM] |
| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Adam G. Unikowsky for Appellee Cboe Global Markets, Inc.. for Cboe Futures Exchange, LLC, and Cboe Exchange, Inc.. [11] [7086069] (L-No; E-Yes; R-No) [20-1843] --[Edited 06/10/2020 by AP- to reflect the addition of counsel] (Unikowsky, Adam) [Entered: 06/09/2020 05:55 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gregory M. Boyle for Appellee Cboe Global Markets, Inc.. for Cboe Futures Exchange, LLC, and Cboe Exchange, Inc.. [10] [7086068] (L-No; E-Yes; R-No) [20-1843] (Boyle, Gregory) [Entered: 06/09/2020 05:49 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Reid J. Schar for Cboe Global Markets, Inc., Cboe Futures Exchange, LLC, and Cboe Exchange, Inc.. [9] [7085799] (L-Yes; E-Yes; R-No) [20-1843] (Schar, Reid) [Entered: 06/08/2020 07:18 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kimberly A. Justice for Appellants Brian Barry, FTC Capital GMBH, Spencer R. Bueno, Amy Huang and David Samuel. for William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets, LLC. [8] [7084993] (L-No; E-Yes; R-No) [20-1843] (Justice, Kimberly) [Entered: 06/04/2020 10:35 AM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sharan Nirmul for Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. for William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets, LLC. [7] [7084899] (L-No; E-Yes; R-No) [20-1843] (Nirmul, Sharan) [Entered: 06/03/2020 03:49 PM] |
| Filing 6 Filed Seventh Circuit Transcript Information Sheet by Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. [6] [7084622] [20-1843] (Bunge, Jonathan) [Entered: 06/02/2020 03:33 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan C. Bunge for Appellants Brian Barry, David Samuel, FTC Capital GMBH, Spencer R. Bueno and Amy Huang. for William Tad Berger, Dale Cary, Victor Choa, LRI Invest S.A., John Pels, Projection Capital Markets, LLC. [5] [7084621] (L-Yes; E-Yes; R-No) [20-1843] (Bunge, Jonathan) [Entered: 06/02/2020 03:28 PM] |
| Filing 4 Amended Docketing Statement filed by Appellants Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. Prior or Related proceedings: No. [4] [7083443] [20-1843] (Bunge, Jonathan) [Entered: 05/27/2020 02:39 PM] |
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Filing 3
ORDER: Appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before 05/27/2020. (See order for further details). DW [3] [7082289] [20-1843] (MM) [Entered: 05/20/2020 03:47 PM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLANTS: William Tad Berger Dale Cary, Victor Choa, LRI Invest S.A., John Pels and Projection Captial Markets, LLC. APPELLEES: John Does, CBOE Exchange, Inc., CBOE Global Markets, Inc., CBOE Future Exchanges, LLC, Citigroup Financial Products Inc., John Does 1-50, John Does 1-20, Citigroup Market Derivatives, Inc., Wolverine Trading, L.P. and John Does 1-10. [2] [7082128] [20-1843] (MM) [Entered: 05/20/2020 12:21 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 06/02/2020. Appellants' brief due on or before 06/29/2020 for Brian Barry, Spencer R. Bueno, FTC Capital GMBH, Amy Huang and David Samuel. [1] [7082124] [20-1843] (MM) [Entered: 05/20/2020 12:04 PM] |
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