Keohohou et al v. North American Derivatives Exchange, Inc. et al
| Nicholas Evans |
| Foris DAX, Inc., Does 1-20 and North American Derivatives Exchange, Inc. doing business as Crypto.com |
| 1:2026cv20996 |
| February 13, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 52 REPLY in Support of Motion re #46 MOTION TO DISMISS #29 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . filed by Foris Dax, Inc., North American Derivatives Exchange, Inc.. (Throckmorton, Charles) |
Filing 51
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Kamana Keohohou's ("Keohohou") Notice of Voluntary Dismissal Without Prejudice. #49 . Federal Rule of Civil Procedure 41(a) allows a plaintiff to voluntarily dismiss a claim (1) prior to a defendant's filing of an answer or a motion for summary judgment, or (2) by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). Here, no Defendant has filed an answer or motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i)-(ii). Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiff Keohohou's claims are hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is INSTRUCTED to terminate Plaintiff Keohohou from the case. Signed by Judge K. Michael Moore on 6/30/2026. (ss02)
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| Filing 50 RESPONSE in Opposition re #46 MOTION TO DISMISS #29 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Nicholas Evans. Replies due by 7/6/2026. (Newsome, Jeffrey) |
| Filing 49 NOTICE of Voluntary Dismissal as to Plaintiff Kamana Keohohou by Nicholas Evans, Kamana Keohohou (Newsome, Jeffrey) |
| Filing 48 REPLY in Support of Motion re #43 MOTION to Compel Arbitration and Stay Proceedings. filed by Foris Dax, Inc., North American Derivatives Exchange, Inc.. (Throckmorton, Charles) |
| Filing 47 RESPONSE in Opposition re #43 MOTION to Compel Arbitration and Stay Proceedings filed by Nicholas Evans, Kamana Keohohou. Replies due by 6/22/2026. (Newsome, Jeffrey) |
| Filing 46 MOTION TO DISMISS #29 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Foris Dax, Inc., North American Derivatives Exchange, Inc.. Responses due by 6/12/2026. (Attachments: #1 Affidavit Declaration of Joaquin Gubb)(Throckmorton, Charles) |
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Filing 45
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Extend Briefing Schedule for Defendants' Motion to Compel Arbitration. #44 . Therein, Plaintiffs contend that they "require additional time to prepare their response" to the pending Motion to Compel Arbitration and Stay Proceedings (ECF No. 43) and thus seek a fourteen-day extension to respond to the same. See (ECF No. 44) at 2. Defendants also request a corresponding seven-day extension to file their reply. See id. at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #44 is GRANTED. Plaintiffs shall file their response on or before June 12, 2026, and Defendants shall file their reply on or before June 26, 2026. Signed by Judge K. Michael Moore on 5/27/2026. (ss02)
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| Filing 44 Joint MOTION for Extension of Time to Extend Briefing Schedule for Defendants' Motion to Compel Arbitration re #43 MOTION to Compel Arbitration and Stay Proceedings by Nicholas Evans, Kamana Keohohou. Responses due by 6/9/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
| Filing 43 MOTION to Compel Arbitration and Stay Proceedings by Foris Dax, Inc., North American Derivatives Exchange, Inc.. Responses due by 5/29/2026. (Attachments: #1 Affidavit Declaration of Brandon Neff, #2 Affidavit Declaration of Joaquin Gubb)(Throckmorton, Charles) |
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Filing 42
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Compel Arbitration and Stay Proceedings. #41 . Therein, the Motion is not double spaced. The Court's Paperless Pretrial Order states: "The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs." (ECF No. 6). Accordingly, the Motion #41 is STRICKEN as it does not comply with the Court's formatting requirements. Defendants may file an amended motion in compliance with the Court's Paperless Pretrial Order (ECF No. 6) and Local Rule 7.1's page limitations. Signed by Judge K. Michael Moore on 5/14/2026. (ss02)
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| Filing 41 ( STRICKEN) MOTION to Compel Arbitration and Stay Proceedings by Foris Dax, Inc., North American Derivatives Exchange, Inc.. Responses due by 5/27/2026. (Attachments: #1 Affidavit Declaration of Brandon Neff, #2 Affidavit Declaration of Joaquin Gubb)(Throckmorton, Charles) Modified Per De#42 on 5/14/2026 (cds). |
| Filing 40 NOTICE of Mediator Selection. Terrence M. White Selected/Added Nicholas Evans, Kamana Keohohou, Terrence M. White as Mediator. (Newsome, Jeffrey) |
| Filing 39 Clerk's Notice to Filer re #38 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional mediator. (cds) |
| Filing 38 NOTICE of Mediator Selection. Terrence M. White Selected/Added Nicholas Evans, Kamana Keohohou as Mediator. (Newsome, Jeffrey) |
| Filing 37 Clerk's Notice to Filer re #36 Notice (Other) /Mediator Not Added; ERROR - The Filer failed to add the mediator. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was NOT re-docketed by the Clerk. It is necessary to Strike and refile this document using mediation events. (cds) |
| Filing 36 NOTICE of Selection of Mediator by Nicholas Evans, Kamana Keohohou (Newsome, Jeffrey) |
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Filing 35
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nowell D. Bamberger and Matthew C. Solomon. (ECF Nos. 33-34). UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions (ECF Nos. 33-34) are GRANTED. Nowell D. Bamberger and Matthew C. Solomon may appear pro hac vice in this matter on behalf of Defendants North American Derivatives Exchange, Inc. and Foris DAX, Inc. The Clerk of Court shall provide electronic notification of all electronic filings to [email protected] and [email protected]. Signed by Judge K. Michael Moore on 5/5/2026. (ss02)
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| Filing 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew C. Solomon. Filing Fee $ 250.00 Receipt # AFLSDC-19502934 by Foris Dax, Inc., North American Derivatives Exchange, Inc.. Responses due by 5/18/2026. (Attachments: #1 Text of Proposed Order)(Throckmorton, Charles) |
| Filing 33 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nowell D. Bamberger. Filing Fee $ 250.00 Receipt # AFLSDC-19502931 by Foris Dax, Inc., North American Derivatives Exchange, Inc.. Responses due by 5/18/2026. (Attachments: #1 Text of Proposed Order)(Throckmorton, Charles) |
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Expedited Motion for Extension of Time to Respond to Plaintiffs' Operative Complaint or, in the Alternative, to Extend Briefing Deadlines. #26 . Therein, Defendants seek an extension to June 30, 2026, to respond to the First Amended Complaint (the "FAC") (ECF No. 29), asserting that they intend to move to compel arbitration and stay all further proceedings by May 8, 2026, and that the requested extension would permit the Court to consider the motion to stay before a response is due. See (ECF No. 26) at 1-2. Defendants contend that if "the claims in this case are subject to arbitration, then any answer or motion addressed to the sufficiency of the pleadings should be presented to the arbitrator in the first instance, not to this Court." See id. at 2. In the alternative, Defendants seek an extension of the Rule 12 briefing schedule, proposing that their motion to dismiss be filed on May 29, 2026, Plaintiffs' response on June 29, 2026, and Defendants' reply on July 14, 2026. See id. at 3-4. Plaintiffs do "not consent to an extension of Defendants' deadline to respond to the [FAC] until June 30, 2026," arguing that such relief would effectively operate as a premature stay. See id. at 4; (ECF No. 30) at 2. However, Plaintiffs consent to the proposed Rule 12 briefing schedule. See (ECF No. 30) at 3. "District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Here, Defendants' requested extension is premised on anticipated motions that have yet to be filed. Although Defendants contend that this case is subject to arbitration, no motion to stay or compel arbitration is presently before the Court. On this record, granting the requested extension would be premature. However, the Court will adopt the Parties' Rule 12 briefing schedule. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #26 is GRANTED IN PART. Defendants shall file their motion to dismiss on or before May 29, 2026, Plaintiffs shall file their response on or before June 29, 2026, and Defendants shall file their reply on or before July 14, 2026. Signed by Judge K. Michael Moore on 5/4/2026. (ss02)
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| Filing 31 Defendant's REPLY in Support of Motion re #26 EXPEDITED MOTION For Extension of Time to Respond to Operative Complaint, or in the Alternative, to Extend Briefing Deadlines MOTION for Extension of Time to File Response/Reply/Answer. filed by North American Derivatives Exchange, Inc.. (Throckmorton, Charles) |
| Filing 30 RESPONSE in Opposition re #26 EXPEDITED MOTION For Extension of Time to Respond to Operative Complaint, or in the Alternative, to Extend Briefing Deadlines MOTION for Extension of Time to File Response/Reply/Answer filed by Nicholas Evans, Kamana Keohohou. Replies due by 5/7/2026. (Newsome, Jeffrey) |
| Filing 29 First AMENDED COMPLAINT against Does 1-20, Foris Dax, Inc., North American Derivatives Exchange, Inc., filed by Kamana Keohohou, Nicholas Evans. (Attachments: #1 Exhibit A - Opinion of CA Attorney General)(Buchko, Vanessa) |
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Filing 28
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Plaintiffs shall file their response, if any, to Defendants' Expedited Motion for Extension of Time to Respond to Plaintiffs' Operative Complaint or, in the Alternative, to Extend Briefing Deadlines (ECF No. 26) on or before April 30, 2026. Defendants shall file their reply, if any, on or before May 1, 2026. Signed by Judge K. Michael Moore on 4/28/2026. (ss02)
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| Set Deadlines as to #26 EXPEDITED MOTION For Extension of Time to Respond to Operative Complaint, or in the Alternative, to Extend Briefing Deadlines. Responses due by 4/30/2026. Replies due by 5/1/2026. Per De#28 (cds) |
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Filing 27
ORDER SETTING DISCOVERY STATUS CONFERENCE: Status Conference Re: Discovery Matters set for 9/30/2026 10:30 AM before Magistrate Judge Marty Fulgueira Elfenbein. No later than September 23, 2026, the parties shall file a joint discovery status report. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/27/2026. See attached document for full details. (wce)
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| Filing 26 EXPEDITED MOTION For Extension of Time to Respond to Operative Complaint, or in the Alternative, to Extend Briefing Deadlines by Foris Dax, Inc., North American Derivatives Exchange, Inc.. Responses due by 5/11/2026. (Throckmorton, Charles). Added MOTION for Extension of Time to File Response/Reply/Answer on 4/28/2026 (wce). |
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Filing 25
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning February 22, 2027, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 4/23/2026. (ss02)
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Filing 24
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of February 22, 2027, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on February 18, 2027, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for February 9, 2027, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at [email protected] in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 4/23/2026. (ss02) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 23 Amended SCHEDULING REPORT - Rule 16.1 by Foris Dax, Inc., North American Derivatives Exchange, Inc. (Throckmorton, Charles) |
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Scheduling Report ("JSR") #19 and the Parties' Stipulation on Proposed Deadlines for Plaintiffs' Amended Complaint and Defendants' Motion to Compel Arbitration ("Stipulation") #20 . In the JSR, the Parties dispute whether the Court should stay the case pending adjudication of a forthcoming motion to compel arbitration ("Motion to Compel"). See (ECF No. 19) at 1-7. Should Defendants seek a stay, they should file an appropriate motion, as the Court will not stay this matter with the issue not fully briefed. Moreover, the JSR fails to provide a preliminary estimate of the time required for trial, in violation of Local Rule 16.1(b)(2)(I). See (ECF No. 19) at 9. Accordingly, the JSR #19 is STRICKEN for failure to comply with the Local Rules. The Parties may refile a compliant JSR on or before April 22, 2026. In the Stipulation, the Parties seek Court approval of a stipulated schedule governing the filing of Plaintiffs' forthcoming Amended Complaint and Defendants' Motion to Compel, and the response and reply deadlines for the Motion to Compel. See (ECF No. 20) at 2. The Court finds that entry of the Stipulation at this stage of the litigation is unnecessary. Plaintiffs may amend the Complaint (ECF No. 1) pursuant to Federal Rule of Civil Procedure 15(a). The Parties may timely seek extensions of their respective response and reply deadlines to the Motion to Compel by filing motions for extension. See (ECF No. 6). Accordingly, UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Stipulation #20 is DENIED. Signed by Judge K. Michael Moore on 4/17/2026. (ss02)
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| Filing 21 Clerk's Notice to Filer re #20 Stipulation,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events.Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (wce) |
| Filing 20 STIPULATION as to Proposed Deadlines for Amended Complaint and Motion to Compel Arbitration by Foris Dax, Inc., North American Derivatives Exchange, Inc. (Attachments: #1 Text of Proposed Order Proposed Order Adopting Stipulated Schedule)(Throckmorton, Charles) Modified Event Type on 4/17/2026 (wce). |
| Filing 19 Joint SCHEDULING REPORT - Rule 16.1 by Foris Dax, Inc., North American Derivatives Exchange, Inc. (Throckmorton, Charles) |
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine M. Aizpuru. #17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #17 is GRANTED. Katherine M. Aizpuru may appear pro hac vice in this matter on behalf of Plaintiffs. The Clerk of Court shall provide electronic notification of all electronic filings to [email protected]. Signed by Judge K. Michael Moore on 3/12/2026. (ss02)
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| Filing 17 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine M. Aizpuru. Filing Fee $ 250.00 Receipt # AFLSDC-19302674 by Nicholas Evans, Kamana Keohohou. Responses due by 3/25/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Unopposed Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for F. Peter Silva, II, David A. McGee, Margot P. Cutter, Michael Piggins, and Wesley M. Griffith. (ECF Nos. 11-15). UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions (ECF Nos. 11-15) are GRANTED. F. Peter Silva, II, David A. McGee, Margot P. Cutter, Michael Piggins, and Wesley M. Griffith may appear pro hac vice in this matter on behalf of Plaintiffs. The Clerk of Court shall provide electronic notification of all electronic filings to [email protected], [email protected], [email protected], [email protected], [email protected]. Signed by Judge K. Michael Moore on 3/10/2026. (ss02)
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| Filing 15 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Wesley M. Griffith. Filing Fee $ 250.00 Receipt # AFLSDC-19295617 by Nicholas Evans, Kamana Keohohou. Responses due by 3/23/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
| Filing 14 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Piggins. Filing Fee $ 250.00 Receipt # AFLSDC-19295602 by Nicholas Evans, Kamana Keohohou. Responses due by 3/23/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
| Filing 13 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Margot P. Cutter. Filing Fee $ 250.00 Receipt # AFLSDC-19295594 by Nicholas Evans, Kamana Keohohou. Responses due by 3/23/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
| Filing 12 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. McGee. Filing Fee $ 250.00 Receipt # AFLSDC-19295578 by Nicholas Evans, Kamana Keohohou. Responses due by 3/23/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
| Filing 11 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for F. Peter Silva, II. Filing Fee $ 250.00 Receipt # AFLSDC-19295375 by Nicholas Evans, Kamana Keohohou. Responses due by 3/23/2026. (Attachments: #1 Text of Proposed Order)(Newsome, Jeffrey) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Kamana Keohohou, Nicholas Evans. Foris Dax, Inc. waiver sent on 3/5/2026, response/answer due 5/4/2026. (Newsome, Jeffrey) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Kamana Keohohou, Nicholas Evans. North American Derivatives Exchange, Inc. waiver sent on 3/5/2026, response/answer due 5/4/2026. (Newsome, Jeffrey) |
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Filing 8
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/18/2026. See attached document for full details. (wce)
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 2/18/2026. (ss02)
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Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 2/18/2026. (ss02)
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| Filing 5 Bar Letter re: Admissions sent to attorney Wesley M. Griffith, David A. McGee, James Bilsborrow, Michael Piggins, Margot P. Cutter, F. Peter Silva II, Katherine M. Aizpuru, and Robert M. Devling, mailing date February 17, 2026, (pt) |
| Filing 4 CLERK'S NOTICE - Attorney Vanessa Anne NesSmith has not been added to this case re #1 Complaint, due to her membership status in this Courts Bar #https://www.flsd.uscourts.gov/flsd-bar-admission-status-and-admission-date-look. (pt) |
| Filing 3 Summons Issued as to Foris DAX, Inc., and North American Derivatives Exchange, Inc. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (wce) |
| Filing 1 COMPLAINT against Does 1-20, Foris DAX, Inc., North American Derivatives Exchange, Inc.. Filing fees $ 405.00 receipt number AFLSDC-19221532, filed by Kamana Keohohou, Nicholas Evans. (Attachments: #1 Exhibit A - Cali. AG Case, #2 Civil Cover Sheet, #3 Summon(s), #4 Summon(s))(Newsome, Jeffrey) |
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