Commodity Futures Trading Commission v. Spence
Plaintiff: Commodity Futures Trading Commission
Defendant: JEREMY SPENCE
Case Number: 1:2021cv00699
Filed: January 26, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2021 Opinion or Order Filing 23 MEMORANDUM OPINION AND ORDER: On balance, this case, including a response to the Order to Show Cause for a default judgment, should be stayed pending the outcome of the parallel criminal case. See, e.g., Santillo, 2018 WL 6039324, at *l; Crawford & Sons v. Besser, 298 F. Supp. 2d 317, 319 (E.D.N.Y. 2004); Trs. of the Plumbers & Pipefitters Nat'l Pension Fund v. Transworld Mech., 886 F. Supp. 1134, 1140-41 (S.D.N.Y. 1995). SO ORDERED. (Signed by Judge John G. Koeltl on 5/26/2021) (ks)
May 26, 2021 Opinion or Order Case Stayed (ks)
May 14, 2021 Opinion or Order Filing 22 LETTER addressed to Judge John G. Koeltl from Gates S. Hurand dated May 14, 2021 re: Application via Criminal Counsel for a Stay. Document filed by Commodity Futures Trading Commission..(Hurand, Gates)
May 6, 2021 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #21 Endorsed Letter,,, Set Deadlines,,, to the Docket Assistant Clerk for case processing..(ks)
May 6, 2021 Opinion or Order Filing 21 ENDORSED LETTER addressed to Judge John G. Koeltl from Sylvie Levine dated May 5, 2021 re: letter requesting extension of time. ENDORSEMENT: 1. The response to this order to show cause for a Default is stayed until July 9, 2021. 2. The CFTC should respond to the application to stay this proceeding until the conclusion of this parallel criminal case by May 14, 2021. So Ordered. (Signed by Judge John G. Koeltl on 5/6/2021) Copies mailed by Chambers to pro se party(ies) ( Responses due by 5/14/2021) (ks) Modified on 5/6/2021 (ks). Modified on 5/7/2021 (ks).
April 23, 2021 Opinion or Order Filing 20 AFFIDAVIT OF SERVICE of OSC and Default Judgment Papers (ECF Nos. 15-19) served on Jeremy Spence on 04/23/2021. Service was made by Mail. Document filed by Commodity Futures Trading Commission..(Brennan, Elizabeth)
April 23, 2021 Opinion or Order Filing 19 ORDER TO SHOW CAUSE FOR DEFAULT JUDGEMENT: Upon the declaration of Elizabeth C. Brennan, sworn to on the 23rd of April 2021, copies of affidavits of service of the summons and complaint, a certificate of the Clerk of Court stating that no answers have been filed, and copies of all pleadings, it is hereby ORDERED that defendant Jeremy Spence, show cause before this Court as to why an order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure, for entry of default judgment against defendant Jeremy Spence ordering pe1manent injunctive relief, restitution, civil monetary penalties, and other ancillary equitable relief; it is further ORDERED that the Defendant shall respond in writing to this Order to Show Cause for Default Judgment by 5/7/21. If the Defendant fails to respond by that date, judgment may be entered against him and the Defendant will have no trial. The Plaintiff may reply by 5/14/21. The Plaintiff shall serve a copy of this Order to Show Cause and supporting papers by 4/28/21 including a copy of the certificate of default (ECF No. 12) on the defendant and shall file proof of service by 5/3/21. No personal appearances are required in connection with this Order to Show Cause. (Signed by Judge John G. Koeltl on 4/23/2021) (ks)
April 23, 2021 Opinion or Order Filing 18 DECLARATION of Christopher Giglio in Support re: #16 Proposed Default Judgment, #17 Declaration in Support, #15 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Ex. 1 - complaint, #2 Ex. 2 - summons, #3 Ex. 3 - aff of service, #4 Ex. 4 - Clerk's Cert. Def., #5 Ex. 5 - Stmt Damages).(Hurand, Gates)
April 23, 2021 Opinion or Order Filing 17 DECLARATION of Elizabeth C. Brennan in Support re: #16 Proposed Default Judgment, #15 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Commodity Futures Trading Commission..(Hurand, Gates)
April 23, 2021 Opinion or Order Filing 16 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Commodity Futures Trading Commission..(Hurand, Gates) Proposed Default Judgment to be reviewed by Clerk's Office staff.
April 23, 2021 Opinion or Order Filing 15 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Commodity Futures Trading Commission. Related Document Number: [21-699]..(Hurand, Gates) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
April 23, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #16 Proposed Default Judgment was reviewed and approved as to form. (dt)
April 23, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #15 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt)
April 13, 2021 Opinion or Order Filing 14 ORDER: granting #13 Letter Motion to Adjourn Conference. The April 22, 2021 conference is canceled. The plaintiff should present an Order to Show Cause for a Default Judgment by April 23, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2021) (ama)
April 12, 2021 Opinion or Order Filing 13 LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Gates S. Hurand dated 04/12/2021. Document filed by Commodity Futures Trading Commission. Return Date set for 4/20/2021 at 12:30 PM..(Hurand, Gates)
March 3, 2021 Opinion or Order Filing 12 CLERK'S CERTIFICATE OF DEFAULT as to Jeremy Spence.(km)
March 3, 2021 Opinion or Order Filing 11 DECLARATION of CHRISTOPHER GIGLIO in Support re: #9 Proposed Clerk's Certificate of Default,. Document filed by Commodity Futures Trading Commission..(Hurand, Gates)
March 3, 2021 Opinion or Order Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of CHRISTOPHER GIGLIO re: #9 Proposed Clerk's Certificate of Default, ., DECLARATION of CHRISTOPHER GIGLIO re: #9 Proposed Clerk's Certificate of Default, . Document filed by Commodity Futures Trading Commission. (Attachments: #1 Request for certificate of default).(Hurand, Gates) Modified on 3/3/2021 (km).
March 3, 2021 Opinion or Order Filing 9 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Commodity Futures Trading Commission..(Hurand, Gates) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/3/2021 (km).
March 3, 2021 Opinion or Order Filing 8 CIVIL COVER SHEET filed..(Hurand, Gates)
March 3, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gates Hurand to RE-FILE Document #10 Affidavit. The document that was filed is not an Affidavit. Use the event type other answers, declaration in support of a non-motion. (km)
February 3, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 4/22/2021 at 12:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
February 1, 2021 Opinion or Order Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Jeremy Spence served on 1/28/2021, answer due 2/18/2021. Service was accepted by JEREMY SPENCE. Document filed by Commodity Futures Trading Commission..(Hurand, Gates)
January 27, 2021 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Jeremy Spence..(jgo)
January 27, 2021 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Elizabeth C. Brennan on behalf of Commodity Futures Trading Commission..(Brennan, Elizabeth)
January 27, 2021 Opinion or Order Filing 4 NOTICE OF APPEARANCE by K. Brent Tomer on behalf of Commodity Futures Trading Commission..(Tomer, K. Brent)
January 27, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
January 27, 2021 Opinion or Order Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
January 27, 2021 Opinion or Order Case Designated ECF. (jgo)
January 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gates Salyers Hurand. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff); the Jury Demand code has been modified to p (Plaintiff);. (jgo)
January 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gates Salyers Hurand to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF is not properly signed or dated by the attorney;. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
January 26, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to JEREMY SPENCE, re: #1 Complaint. Document filed by Commodity Futures Trading Commission..(Hurand, Gates)
January 26, 2021 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Hurand, Gates) Modified on 1/27/2021 (jgo).
January 26, 2021 Opinion or Order Filing 1 COMPLAINT against JEREMY SPENCE. Document filed by Commodity Futures Trading Commission..(Hurand, Gates)

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Defendant: JEREMY SPENCE
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Plaintiff: Commodity Futures Trading Commission
Represented By: Gates Salyers Hurand
Represented By: K. Brent Tomer
Represented By: Elizabeth C. Brennan
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