KalshiEX LLC v. CFTC
Plaintiff: KalshiEX LLC
Defendant: Commodity Futures Trading Commission
Amicus Curiae: Better Markets, Inc.
Case Number: 24-5205
Filed: September 12, 2024
Court: U.S. Court of Appeals, D.C. Circuit
Nature of Suit: Other Statutory Actions
Docket Report

This docket was last retrieved on November 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2024 LETTER [2084242] advising of arguing counsel's availability for oral argument filed by CFTC [Service Date: 11/08/2024 ] [24-5205] (Beri, Raagnee) [Entered: 11/08/2024 03:08 PM]
October 23, 2024 NOTICE [2081647] of intention to participate as amicus curiae [Disclosure Listing: Previously Filed] filed by Better Markets, Inc. [Service Date: 10/23/2024 ] [24-5205]--[Edited 10/24/2024 by LMF] (Hall, Stephen) [Entered: 10/23/2024 05:07 PM]
October 23, 2024 CONSENT AMICUS FOR APPELLANT FINAL BRIEF [2081637] filed by Better Markets, Inc. [Service Date: 10/23/2024 ] Length of Brief: 4,498 Words. [24-5205] (Hall, Stephen) [Entered: 10/23/2024 04:31 PM]
October 16, 2024 JOINT APPENDIX [2080038] filed by CFTC [Volumes: 2] [Service Date: 10/16/2024 ] [24-5205] (Aisenbrey, Margaret) [Entered: 10/16/2024 07:54 AM]
October 16, 2024 APPELLANT BRIEF [2080035] filed by CFTC [Service Date: 10/16/2024 ] Length of Brief: 12,984 Words. [24-5205] (Aisenbrey, Margaret) [Entered: 10/16/2024 07:45 AM]
October 15, 2024 LETTER [2079727] advising of arguing counsel's availability for oral argument filed by KalshiEX LLC [Service Date: 10/15/2024 ] [24-5205] (Roth, Jacob) [Entered: 10/15/2024 08:39 AM]
October 11, 2024 PER CURIAM ORDER [2079666] filed ORDERED that the following briefing schedule will apply in this case: APPELLANT Brief and APPENDIX both due 10/16/2024. APPELLEE Brief due on 11/15/2024. APPELLANT Reply Brief due 12/06/2024 (SEE ORDER FOR MORE DETAILS). Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 10/11/2024 05:40 PM]
October 8, 2024 REPLY [2078945] filed by CFTC to response [ # 2078658-2 ] [Service Date: 10/08/2024 by CM/ECF NDA] Length Certification: 1590 words. [24-5205] (Beri, Raagnee) [Entered: 10/08/2024 02:19 PM]
October 7, 2024 RESPONSE IN OPPOSITION [2078658] to motion [ # 2078007-2 ] filed by KalshiEX LLC [Service Date: 10/07/2024 by CM/ECF NDA] Length Certification: I hereby certify that the foregoing document complies with the type-volume limitation of Fed. R. App. P. 27(d)(2) because it contains 658 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(f).. [24-5205] (Roth, Jacob) [Entered: 10/07/2024 03:03 PM]
October 4, 2024 ENTRY OF APPEARANCE [2078381] filed by Samuel V. Lioi on behalf of Appellee KalshiEX LLC. [24-5205] (Lioi, Samuel) [Entered: 10/04/2024 02:41 PM]
October 3, 2024 PER CURIAM ORDER [2078185] filed ORDERED that appellee file a response to the motion by 4:00 p.m. on Monday, October 7, 2024. Any reply is due by 4:00 p.m. on Tuesday, October 8, 2024. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 10/03/2024 04:46 PM]
October 2, 2024 PER CURIAM ORDER [2077786] filed, that the administrative stay be dissolved. It is FURTHER ORDERED that the motion for stay [ # 2074493-2 ] be denied without prejudice to renewal should substantiating evidence of irreparable harm arise, in accordance with the opinion issued herein this date. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 10/02/2024 10:02 AM]
October 2, 2024 MOTION [2078007] to expedite case filed by CFTC (Service Date: 10/02/2024 by CM/ECF NDA) Length Certification: 581 words, as counted by the word processing software Microsoft Word.. [24-5205] (Beri, Raagnee) [Entered: 10/02/2024 07:17 PM]
October 2, 2024 ENTRY OF APPEARANCE [2077902] filed by Margaret Aisenbrey on behalf of Appellant CFTC. [24-5205] (Aisenbrey, Margaret) [Entered: 10/02/2024 01:00 PM]
October 2, 2024 ENTRY OF APPEARANCE [2077895] filed by Raagnee Beri and co-counsel Raagnee Beri on behalf of Appellant CFTC. [24-5205] (Beri, Raagnee) [Entered: 10/02/2024 12:54 PM]
October 2, 2024 OPINION [2077790] filed (Pages: 15) for the Court by Judge Millett. [24-5205] [Entered: 10/02/2024 10:06 AM]
October 1, 2024 TRANSCRIPT [2077657] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [24-5205] [Entered: 10/01/2024 02:27 PM]
September 19, 2024 ENTRY OF APPEARANCE [2075796] filed by Amanda K. Rice on behalf of Appellee KalshiEX LLC. [24-5205] (Rice, Amanda) [Entered: 09/19/2024 04:43 PM]
September 19, 2024 ORAL ARGUMENT HELD before Judges Millett, Pillard and Pan. [24-5205] [Entered: 09/19/2024 04:38 PM]
September 18, 2024 LETTER [2075394] concerning oral argument format filed by CFTC [Service Date: 09/18/2024 ] [24-5205] (Stukes, Anne) [Entered: 09/18/2024 03:22 PM]
September 17, 2024 ENTRY OF APPEARANCE [2075140] filed by Joshua Brooks Sterling on behalf of Appellee KalshiEX LLC. [24-5205] (Sterling, Joshua) [Entered: 09/17/2024 02:12 PM]
September 16, 2024 FORM 72 submitted by arguing attorney, Robert A. Schwartz, on behalf of Appellant CFTC (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [24-5205] (Schwartz, Robert) [Entered: 09/16/2024 02:22 PM]
September 16, 2024 ENTRY OF APPEARANCE [2074875] filed by Robert A. Schwartz on behalf of Appellant CFTC. [24-5205] (Schwartz, Robert) [Entered: 09/16/2024 02:21 PM]
September 16, 2024 FORM 72 submitted by arguing attorney, Yaakov M. Roth, on behalf of Appellee KalshiEX LLC (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [24-5205] (Roth, Jacob) [Entered: 09/16/2024 02:01 PM]
September 16, 2024 PER CURIAM ORDER [2074792] filed scheduling oral argument on Thursday, 09/19/2024 at 2:00 p.m., allocating oral argument time as follows: Appellant - 15 Minutes, Appellee - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 09/16/2024. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 09/16/2024 10:48 AM]
September 14, 2024 REPLY [2074755] filed by CFTC to response [ # 2074739-2 ] [Service Date: 09/14/2024 by CM/ECF NDA] Length Certification: I hereby certify this document complies with the type-volume limit of Fed. R. App. P. 27(d)(2)(A) because, excluding the parts of the brief exempted by Fed. R. App. P. 32(f), it contains 2,595 words, as counted by Microsoft Word.. [24-5205] (Stukes, Anne) [Entered: 09/14/2024 04:55 PM]
September 13, 2024 RESPONSE IN OPPOSITION [2074739] to motion for stay pending appeal [ # 2074493-2 ] filed by Kalshiex LLC [Service Date: 09/13/2024 by CM/ECF NDA] Length Certification: I hereby certify that the foregoing brief complies with the type-volume limitation of Fed. R. App. P. 27(d)(2) because it contains 5133 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(f).. [24-5205] (Roth, Jacob) [Entered: 09/13/2024 05:33 PM]
September 12, 2024 NOTICE OF APPEAL [2074424] seeking review of a decision by the U.S. District Court in 1:23-cv-03257-JMC filed by CFTC. Appeal assigned USCA Case Number: 24-5205. [24-5205] [Entered: 09/12/2024 12:43 PM]
September 12, 2024 PER CURIAM ORDER [2074504] filed considering motion for stay pending appeal [ # 2074493-2 ], it is ORDERED that the district courts September 6, 2024 order be administratively stayed pending further order of the court. It is FURTHER ORDERED that appellee file a response to the emergency motion by 6:00 p.m. on Friday, September 13, 2024. Any reply is due by 6:00 p.m. on Saturday, September 14, 2024. SEE ORDER FOR DETAILS. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 09/12/2024 08:25 PM]
September 12, 2024 ENTRY OF APPEARANCE [2074499] filed by John Henry Thompson on behalf of Appellee Kalshiex LLC. [24-5205] (Thompson, John Henry) [Entered: 09/12/2024 06:01 PM]
September 12, 2024 LETTER [2074495] Opposing Request for Temporary Administrative Stay filed by Kalshiex LLC [Service Date: 09/12/2024 ] [24-5205] (Roth, Jacob) [Entered: 09/12/2024 05:17 PM]
September 12, 2024 EMERGENCY MOTION [2074493] to stay underlying order pending appeal filed by CFTC (Service Date: 09/12/2024 by CM/ECF NDA) Length Certification: I hereby certify this document complies with the type-volume limit of Fed. R. App. P. 27(d)(2)(A) because, excluding the parts of the brief exempted by Fed. R. App. P. 32(f), it contains 5,102 words, as counted by Microsoft Word.. [24-5205] (Stukes, Anne) [Entered: 09/12/2024 05:06 PM]
September 12, 2024 US CIVIL CASE docketed. [24-5205] [Entered: 09/12/2024 12:42 PM]

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Defendant: Commodity Futures Trading Commission
Represented By: Robert A. Schwartz
Represented By: Raagnee Beri
Represented By: Margaret P. Aisenbrey
Represented By: Anne Whitford Stukes
Represented By: Conor Barry Daly
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Plaintiff: KalshiEX LLC
Represented By: Joshua Brooks Sterling
Represented By: Jacob Moshe Roth
Represented By: Amanda Kelly Rice
Represented By: John Henry Thompson
Represented By: Samuel V. Lioi
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Amicus curiae: Better Markets, Inc.
Represented By: Stephen Wright Hall
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