Commodity Futures Trading Commission v. Bretas De Freitas et al
| Commodity Futures Trading Commission |
| Phy Capital Investments LLC f/k/a Phynance Capital Management LLC, Fabio Bretas De Freitas, Global Partners Investors LLC, Phynance Science and Technology Investments S.A a/k/a Phynance, RM Jr. Fund, Phy Global Partners Fund, LLC, Latam Eagle Fund, LLC f/k/a Phy Palme Fund, Absolute Experience, LLC d/b/a Absolute Experience Fund, LLC, Phynance Science and Technology Investments S.A., Latam Eagle Fund, LLC, Phy Capital Investments LLC, Absolute Experience, LLC and Phynance Ciencia E Tecnologia Em Investimentos S |
| 1:2019cv04238 |
| May 9, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Securities/Commodities |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 44
MEMO ENDORSEMENT on re: #43 Letter filed by Commodity Futures Trading Commission. ENDORSEMENT: To avoid multiple rounds of briefing, Plaintiff shall file one consolidated motion for default judgment no later than August 29, 2019. Any opposition by Defendants shall be filed by September 12, 2019. If a motion for default judgment is filed, it is hereby ORDERED that Defendants appear and show cause on September 19, 2019, at 3:45 p.m. why an order granting default judgment should not be entered against them. In accordance with the Court's Order of June 27, if any Defendant answers or otherwise appears, this conference will be converted (as to any appearing Defendant) into an initial conference, which the parties should prepare for as described in that Order. See Docket No. 34. Plaintiff's request for third-party discovery prior to the initial discovery conference is GRANTED. See Fed. R. Civ. P. 26(d)(1), 45. Plaintiff shall serve Defendants via overnight courier or certified mail with proof of delivery a copy of this Order no later than July 10, 2019 and file proof of such service by July 12, 2019. If Plaintiff files a motion for default judgment, it should serve the motion in accordance with the Court's Order of June 27. See Docket No. 34, at 2. Finally, pursuant to Paragraph 3(A) of this Court's Individual Rules and Practices, requests for relief should be filed as letter-motions, not as ordinary letters. SO ORDERED. (Motions due by 8/29/2019, Responses due by 9/12/2019. Show Cause Hearing set for 9/19/2019 at 03:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/3/2019) (ne)
|
| Filing 43 LETTER addressed to Judge Jesse M. Furman from Elizabeth M. Streit dated 7/3/2019 re: CFTC v. Fabio Bretas de Freitas et al., Civil Action No. 19-cv-4238 (JMF) Plaintifrs Request to Modify Court Deadline and Bifurcateto Permit Timely Filing of its Motion Seeking Entry of a Default Judgment and an Extension of Time for Filing its Brief in Support of Restitution and Monetary Sanctions and for Authority to Issue Non-Party Subpoenas.. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A)(Streit, Elizabeth) |
| Filing 42 CLERK'S CERTIFICATE OF DEFAULT as to GLOBAL PARTNERS INVESTORS. (km) |
| Filing 41 CLERK'S CERTIFICATE OF DEFAULT as to FABIO BRET AS DE FREITAS, PHY CAPITAL INVESTMENTS LLC f/k/a PHYNANCE CAPITAL MANAGEMENT LLC, PHY GLOBAL PARTNERS FUND, LLC, LATAM EAGLE FUND, LLC, f/k/a PHY PALME FUND and ABSOLUTE EXPERIENCE, LLC d/b/a ABSOLUTE EXPERIENCE FUND, LLC, PHYNANCE SCIENCE AND TECHNOLOGY INVESTMENTS S.A a/k/a PHYNANCE CIENCIA E TECNOLOGIA EM INVESTIMENTOS SIA, and RM Jr. FUND. (km) |
| Filing 40 AFFIDAVIT of Elizabeth M. Streit in Support re: #39 Proposed Clerk's Certificate of Default, #38 Proposed Clerk's Certificate of Default,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 39 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 38 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Elizabeth Streit. RE-FILE Document No. #35 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. The request to enter default is no longer needed. Re-file the proposed clerk's certificate as one entry, then file the affidavit in support as a separate entry. (km) |
| Filing 37 CERTIFICATE OF SERVICE of Order Schedule Default Judgment Briefing and Show Cause Hearing served on Global Partners Investors on July 1 2019. Service was made by Mail. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 36 CERTIFICATE OF SERVICE of Order Schedule Default Judgment Briefing and Show Cause Hearing served on Fabio Bretas De Freitas on July 1st 2019. Service was made by Mail. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Phynance Request for Certificate of Default, #2 CLERKS CERTIFICATE OF DEFAULT, #3 CLERKS CERTIFICATE OF DEFAULT) (Streit, Elizabeth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/3/2019 (km). |
|
Filing 34
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: In light of the foregoing, it is hereby ORDERED that any motion for default judgment shall be filed no later than July 18, 2019. Defendant shall file any opposition to the motion for default judgment no later than August 1, 2019. If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on August 15, 2019, at 4:30 p.m. (the time previously scheduled for the initial pretrial conference, see Docket No. 16), why an order should not be issued granting a default judgment against Defendants. Finally, it is ORDERED that the initial pretrial conference previously scheduled for August 15, 2019, see Docket No. 16, is adjourned sine die (as it is replaced with the show cause hearing ordered above). SO ORDERED. (Show Cause Hearing set for 8/15/2019 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Motions due by 7/18/2019, Responses due by 8/1/2019) (Signed by Judge Jesse M. Furman on 6/27/2019) (ne)
|
| Filing 33 SUMMONS RETURNED EXECUTED. RM Jr. Fund served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio Bretas De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 32 SUMMONS RETURNED EXECUTED. Phynance Science and Technology Investments S.A. served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio Bretas De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 31 SUMMONS RETURNED EXECUTED. Phy Global Partners Fund, LLC served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio Bretas De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 30 SUMMONS RETURNED EXECUTED. Phy Capital Investments LLC served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio Bretas De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 29 SUMMONS RETURNED EXECUTED. Latam Eagle Fund, LLC served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 28 SUMMONS RETURNED EXECUTED. Fabio Bretas De Freitas served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio Bretas De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 27 SUMMONS RETURNED EXECUTED. Absolute Experience, LLC served on 6/3/2019, answer due 6/24/2019. Service was accepted by Fabio Bretas De Freitas, Manager. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 26 SUMMONS RETURNED EXECUTED. Global Partners Investors LLC served on 5/14/2019, answer due 6/4/2019. Service was accepted by Robin Hutt-Banks, Designated Agent. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
|
Filing 25
ORDER granting #15 Motion for Scott R. Williamson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Global Partners Investors LLC. (dnh) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Phy Capital Investments LLC. (dnh) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Absolute Experience, LLC. (dnh) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Phy Global Partners Fund, LLC. (dnh) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to RM Jr. Fund. (dnh) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Phynance Science and Technology Investments S.A.. (dnh) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Latam Eagle Fund, LLC. (dnh) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Fabio Bretas De Freitas. (dnh) |
|
Filing 16
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/15/2019 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 5/13/2019) (ne)
|
| Filing 15 MOTION for Scott R. Williamson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Pro Hac Vice Declaration, #2 Pro Hac Vice Order)(Williamson, Scott) |
|
Filing 14
ORDER granting #12 Motion for Elizabeth M. Streit to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Scott R. Williamson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 13 NOTICE of Notification of Related Case. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 12 MOTION for Elizabeth M. Streit to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Pro Hac Vice Declaration, #2 Pro Hac Vice Order)(Streit, Elizabeth) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to GLOBAL PARTNERS INVESTORS LLC Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to PHY CAPITAL INVESTMENTS LLC Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to ABSOLUTE EXPERIENCE, LLC d.b.a ABSOLUTE EXPERIENCE FUND, LLC Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to PHY GLOBAL PARTNERS FUND, LLC Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to RM Jr. FUND Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to PHYNANCE SCIENCE AND TECHNOLOGY INVESTMENTS S.A a.k.a PHYNANCE CIENCIA E TECNOLOGIA EM INVESTIMENTOS SA Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to LATAM EAGLE FUND, LLC,f.k.a. PHY PALME FUND Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to FABIO BRETAS DE FREITAS Summons Request, re: #1 Complaint,,,. Document filed by Commodity Futures Trading Commission. (Streit, Elizabeth) |
| Filing 3 CIVIL COVER SHEET filed. (Streit, Elizabeth) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Streit, Elizabeth) Modified on 5/10/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elizabeth M Streit. The party information for the following party/parties has been modified: Phy Capital Investments LLC f/k/a Phynance Capital Management LLC ; Latam Eagle Fund, LLC f/k/a Phy Palme Fund ; Absolute Experience, LLC d/b/a Absolute Experience Fund, LLC; Phynance Science and Technology Investments S.A a/k/a Phynance. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Elizabeth M Streit. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Elizabeth M Streit. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to none (no fee required). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Elizabeth M Streit to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Signature of Attorney of Record omitted. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| Case Designated ECF. (dnh) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Elizabeth M. Streit to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Filing 1 COMPLAINT against Absolute Experience, LLC d/b/a Absolute Experience Fund, LLC, Fabio Bretas De Freitas, Global Partners Investors LLC, Latam Eagle Fund, LLC f/k/a Phy Palme Fund, Phy Capital Investments LLC f/k/a Phynance Capital Management LLC, Phy Global Partners Fund, LLC, Phynance Science and Technology Investments S.A a/k/a Phynance, RM Jr. Fund. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet, #2 Fabio Summons, #3 Latam Eagle Summons, #4 Pyhnance Science Summons, #5 Absolute Summons, #6 RM Jr Summons, #7 Phy Global Summons, #8 Global Partners Summons, #9 Phy Capital Invest. Summons, #10 Pro Hac Vice Motion, #11 Pro Hac Vice Declaration, #12 Pro Hac Vice Order, #13 Pro Hac Vice Motion, #14 Pro Hac Vice Declaration, #15 Pro Hac Vice Order, #16 Notification of Related Case)(Streit, Elizabeth) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
