U.S. Commodity Futures Trading Commission v. Lamarco et al
| U.S. Commodity Futures Trading Commission |
| GDLogix Inc. and Daniel Winston Lamarco |
| 2:2017cv04087 |
| July 10, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| A. Kathleen Tomlinson |
| Securities/Commodities |
| 7 U.S.C. ยง 6 (b) Federal Commodity Exchange Regulation |
| None |
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Filing
149
MEMORANDUM AND ORDER re 134 Motion to Compel and 147 Motion to Strike: As set forth in the attached Memorandum and Order, Defendant LaMarco's Letter Motion to Compel (ECF No. 134 ) is denied without leave to renew, and Plaintiff's Mo tion to Strike is granted in part. The following text from LaMarco's Reply is stricken from the record: (i) "The Court should also consider sanction as the CFTC is in violation of Defendants Attorney Client Privilege. It is a matter of rec ord the CFTC contacted former Pro Bono Attorney Robert Del Col to determine the evidence available[;]" (ii) "THE CFTC CONTINUES TO DEFAME THE DEFENDANT AS THE CAUSE FOR DELAYS. On page 5 of the Response in Opposition to the Motion to Compel , the CFTC continues the tired, overused and defamatory lamentation that Defendant seeks to delay the proceedings[;]" (iii) "The facts contradict the defamatory false narrative the CFTC continues to pursue as reflected in Magistrate Judge W icks Report and Recommendation dated December 22, 2022[;]" (iv) "Nonetheless, the CFTC continues to pursue a defamatory false narrative in an effort to substantiate their own delays, unwillingness to engage in negotiations and length of the case[;]" and (v) "Well... the CFTC does know about those documents because they violated the Defendants Sixth Amendment right to find out what is in them by contacting his former attorney." The Motion to Strike is denied as to the re maining portion of LaMarco's Reply which does not make allegations of attorney-client privilege violations, defamation, or Sixth Amendment violations against Plaintiff and its counsel. The Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff and to reflect the mailing on the docket. So Ordered by Magistrate Judge James M. Wicks on 11/3/2023. (DF)
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Filing
124
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION -- For the reasons set forth in the attached Memorandum & Order, Defendant Daniel Winston LaMarco's Motion to Vacate, ECF No. 117, is GRANTED; Plaintiff's Motion for Default Judgm ent, ECF No. 115, is GRANTED as against Defendant GDLogix Inc. and DENIED as moot as against Defendant Daniel Winston LaMarco; default judgment is entered against Defendant GDLogix Inc. in the amount of $862,600 as restitution and $2,587,80 0 as a civil monetary penalty, with post-judgment interest accruing at the federal statutory rate from entry of judgment until the judgment is paid in full; and a permanent injunction is entered as to Defendant GDLogix Inc., as detailed in the Memora ndum & Order. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk of Court is directed to enter judgment accordingly as to Defendant GDLogix Inc. Plaintiff U.S. Commodity Futures Trading Com mission is directed to serve copies of this Order on Defendants Daniel Winston LaMarco and GDLogix Inc. by certified mail and to file proof of service no later than March 17, 2023. SEE ATTACHED MEMORANDUM & ORDER. Ordered by Judge Diane Gujarati on 3/14/2023. (KA)
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Filing
84
MEMORANDUM OF DECISION & ORDER re Defendants' 59 motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure (Fed R. Civ. P. or Rule) 12(b)(6). For the foregoing reasons, the Court denies the Defendants' motion to dismiss the Complaint pursuant to Rule 12(b)(6) in its entirety. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 9/5/2019. c/m to pro se Defendants (Coleman, Laurie)
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Filing
51
MEMORANDUM OF DECISION & ORDER: For the reasons stated above, Lamarcos motions 38 , 50 to stay this matter pending the outcome of his criminal appeal and to vacate the certificate of default 44 , 46 against GDLogix is denied. However, the Court sua sponte vacates the certificate of default against the corporate defendant for the sole purpose of appointing an attorney to attempt to secure a resolution of the case as to all of the Defendants. In the event that the parties are unable to reach a settlement, the CFTC is granted leave to renew their application for a certificate of default against GDLogix. This matter is respectfully referred to Judge Tomlinson for the purposes of appointing an attorney for Lamarco, and conducting settlement negotiations. All deadlines are hereby stayed while the Court attempts to secure an attorney, and during the pendency of settlement negotiations. It is SO ORDERED by Judge Arthur D. Spatt on 5/7/2018. (Coleman, Laurie)
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