Commodity Futures Trading Commission, et al. v. Spencer, et al.
| COMMODITY FUTURES TRADING COMMISSION, CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION and HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS - SECURITIES ENFORCEMENT BRANCH |
| ANTHONY SPENCER, RED ROCK SECURED, LLC and SHADE JOHNSON-KELLY |
| 25-4346 |
| July 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Securities, Commodities, Exchange |
Docket Report
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This docket was last retrieved on December 18, 2025. A more recent docket listing may be available from PACER.
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Filing 30
ORDER FILED. Richard R. CLIFTON, Daniel A. BRESS The motion (Docket Entry No. 12) to stay execution of the judgment pending appeal is denied. The existing briefing schedule remains in effect. [Entered: 12/18/2025 03:39 PM]
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Filing 29
ORDER FILED. The motion (Docket Entry No. 28) for an extension of time to file the opening brief is granted. The opening brief is due January 20, 2026. The answering briefs are due February 19, 2026. The optional reply brief is due 21 days after the answering briefs are served. [Entered: 12/15/2025 02:54 PM]
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| Filing 28 MOTION to Extend Time to File Brief filed by Appellant Anthony Spencer. [Entered: 12/11/2025 03:58 PM] |
| Filing 27 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 26) filed by Appellant Anthony Spencer. [Entered: 12/10/2025 03:55 PM] |
| Filing 26 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 12) filed by Appellee Commodity Futures Trading Commission. [Entered: 12/03/2025 02:26 PM] |
| Filing 25 Attorney Amelia S. McKenzie as Counsel for Appellee substituted for Attorney Rayni Mayuri Nakamura-Watanabe. [Entered: 11/24/2025 05:04 PM] |
| Filing 24 NOTICE OF APPEARANCE by Amelia S. McKenzie for Appellee Hawaii Department of Commerce and Consumer Affairs - Securities Enforcement Branch replacing Rayni Mayuri Nakamura-Watanabe. [Entered: 11/24/2025 03:25 PM] |
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Filing 23
ORDER FILED. Federal appellees response to appellants motion to stay execution of the judgment pending appeal is due December 3, 2025. See https://cdn.ca9.uscourts.gov/datastore/uploads/announcements/Clerk_Order_deadlines_final.pdf. The motion (Docket Entry No. 17) for suspension of deadlines is moot. The motion (Docket Entry No. 21) for an extension of time to file the opening brief is granted. The opening brief is due December 18, 2025. The answering briefs are due January 20, 2026. The optional reply brief is due 21 days after the answering briefs are served. [Entered: 11/21/2025 10:47 AM]
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| Filing 22 On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/14/2025 04:39 PM] |
| Filing 21 MOTION to Extend Time to File Brief filed by Appellant Anthony Spencer. [Entered: 10/27/2025 07:18 PM] |
| Filing 20 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 18) filed by Appellant Anthony Spencer.[COURT ENTERED-Filed from DE#19] [Entered: 10/14/2025 03:41 PM] |
| Filing 19 DEFECTIVE---SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 12) filed by Appellant Anthony Spencer.[Filed under wrong event. Correct entry#20] [Entered: 10/13/2025 02:07 PM] [Edited: 10/14/2025 03:43 PM] |
| Filing 18 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 12) filed by Appellee California Department of Financial Protection and Innovation. [Entered: 10/06/2025 01:15 PM] |
| Filing 17 MOTION to Stay Proceedings in this Court filed by Appellee Commodity Futures Trading Commission. [Entered: 10/01/2025 08:05 AM] |
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Filing 16
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 15) granted. Amended briefing schedule: Opening Brief Due (Appellant) 11/3/2025, Answering Brief Due (Appellee) 12/3/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 09/29/2025 12:20 PM]
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| Filing 15 Streamlined Request for Extension of Time to File Brief filed by Appellant Anthony Spencer. [Entered: 09/29/2025 11:06 AM] |
| Filing 14 ADDED Counsel for Appellant Becky S. James [Entered: 09/29/2025 07:40 AM] |
| Filing 13 NOTICE OF APPEARANCE by Becky S. James for Appellant Anthony Spencer. [Entered: 09/29/2025 07:29 AM] |
| Filing 12 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Anthony Spencer. [Entered: 09/25/2025 01:12 PM] |
| Filing 11 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. The briefing schedule previously set by the court remains in effect. [25-4341, 25-4342, 25-4346] [Entered: 08/06/2025 04:23 PM] |
| Filing 10 NOTICE OF APPEARANCE by Danielle Stoumbos for Appellee California Department of Financial Protection and Innovation. [Entered: 08/04/2025 10:33 AM] |
| Filing 9 NOTICE of Transcript Designation filed by Appellant Anthony Spencer. [Entered: 07/25/2025 09:18 AM] |
| Filing 8 MEDIATION ORDER: By 8/5/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 07/24/2025 12:22 PM] |
| Filing 7 MEDIATION QUESTIONNAIRE filed by Appellant Anthony Spencer. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 07/21/2025 05:29 PM] |
| Filing 6 ADDED Counsel for Appellee Anne Stukes [Entered: 07/21/2025 10:24 AM] |
| Filing 5 NOTICE OF APPEARANCE by Anne Stukes for Appellee Commodity Futures Trading Commission. [Entered: 07/21/2025 10:15 AM] |
| Filing 4 ADDED Counsel for Appellee Carlin Metzger [Entered: 07/21/2025 09:57 AM] |
| Filing 3 NOTICE OF APPEARANCE by Carlin Metzger for Appellee Commodity Futures Trading Commission. [Entered: 07/21/2025 09:52 AM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 7/21/2025, Appeal Transcript Order Due (Appellant) 7/25/2025, Appeal Transcript Due (Appellant) 8/25/2025, Appeal Opening Brief Due (Appellant) 10/3/2025, Appeal Answering Brief Due (Appellee) 11/3/2025. For appeal no. 25-4346, 2:23-cv-03680-RGK-PVC. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 07/15/2025 12:28 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-03680-RGK-PVC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-4346 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 07/15/2025 12:25 PM] |
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