Commodity Futures Trading Commission v. Alexandre et al
Plaintiff: ABC and Commodity Futures Trading Commission
Defendant: DEF, Eddy Alexandre and Eminifx Inc.
Receiver: David A Castleman
Interested Party: Christopher Beil
Case Number: 1:2022cv03822
Filed: May 11, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Valerie E Caproni
Nature of Suit: Securities/Commodities
Cause of Action: 7 U.S.C. ยง 6 (b) Federal Commodity Exchange Regulation
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2022 Opinion or Order Filing 68 MEMO ENDORSEMENT on re: #67 Letter filed by Eddy Alexandre. ENDORSEMENT: Application GRANTED. The Court adopts the parties' proposed briefing schedule. The deadlines for Defendant's answer to be filed and for the CFTC to respond to Mr. Alexandre's request for production are adjourned sine die. The Initial Pretrial Conference and the deadline for Initial Pretrial Conference submissions are also adjourned sine die. SO ORDERED. (Motions due by 7/25/2022., Responses due by 8/12/2022, Replies due by 8/19/2022.) (Signed by Judge Valerie E. Caproni on 7/8/2022) (jca)
July 7, 2022 Opinion or Order Filing 67 LETTER addressed to Judge Valerie E. Caproni from Emil Bove dated July 7, 2022 re: DOJ stay motion. Document filed by Eddy Alexandre..(Bove, Emil)
June 28, 2022 Opinion or Order Filing 66 ORDER granting #61 Letter Motion to Expedite. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/28/2022) (tg)
June 27, 2022 Opinion or Order Filing 65 LETTER addressed to Judge Valerie E. Caproni from Emil Bove dated June 27, 2022 re: Receiver's June 23, 2022 motion. Document filed by Eddy Alexandre..(Bove, Emil)
June 27, 2022 Opinion or Order Filing 64 MEMO ENDORSEMENT on re: #63 Letter filed by Eddy Alexandre. ENDORSEMENT: Application GRANTED. Mr. Alexandre is hereby directed to provide the Court with an update regarding his position by June 28, 2022. SO ORDERED. ( Responses due by 6/28/2022) (Signed by Judge Valerie E. Caproni on 6/27/2022) (tg)
June 24, 2022 Opinion or Order Filing 63 LETTER addressed to Judge Valerie E. Caproni from Emil Bove dated June 24, 2022 re: Opportunity to respond to Receiver's June 23, 2022 application. Document filed by Eddy Alexandre..(Bove, Emil)
June 23, 2022 Opinion or Order Filing 62 NOTICE OF APPEARANCE by Christina McPhaul on behalf of David A Castleman..(McPhaul, Christina)
June 23, 2022 Opinion or Order Filing 61 LETTER MOTION to Expedite Receiver's Application for Approval to Sell Certain Computers, Electronics, Office Equipment, Furniture and Supplies of EminiFX, Inc. addressed to Judge Valerie E. Caproni from Gerard R Luckman dated June 23. 2022. Document filed by David A Castleman. (Attachments: #1 Exhibit Offer Letter).(Luckman, Gerard)
June 17, 2022 Opinion or Order Filing 60 ORDER REQUIRING TURNOVER OF DEPOSIT TO RECEIVER: On June 16, 2022, this Court entered the Consent Preliminary Injunction in this case (Dkt.56) and, by Memo Endorsed Order (Dkt. 55), overruled the objection of non-parties Christopher Beil and Maureen Beil (the "Sellers"). Pursuant to a certain contract of sale dated as of April 11, 2022 (the "Contract") for the sale by Sellers to Purchaser (as defined therein) of 525 Manhasset Woods Road, Manhasset, New York 11030 (the "Property"), $535,000 was deposited (the "Deposit") into the escrow account of Sellers' counsel, Kirschenbaum & Kirschenbaum, P.C. ("Escrowee"). David Castleman, the court-appointed receiver (the "Receiver") over Defendant EminiFX, Inc. ("EminiFX") and assets of Defendant Eddy Alexandre ("Alexandre") traceable to customer funds, has stated a good faith belief that the Deposit is traceable to EminiFX customer funds, and provided the Court with justification for his belief, pursuant to paragraph 38 of the Consent Preliminary Injunction. The Escrowee shall turn over the Deposit to the Receiver within 3 business days from entry of this Order. Sellers' may make a claim in the normal claim process to be established by the Receiver with the approval of the Court at a later date, subject to the Receiver's right to review and object to such claim as part of the approved claims process. The Receiver shall hold the Deposit in the Alexandre Assets account pursuant to paragraph 38 of the Consent Preliminary Injunction. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/17/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
June 17, 2022 Opinion or Order Filing 58 LETTER addressed to Judge Valerie E. Caproni from Gerard R Luckman dated June 17, 2022 re: Transmitting Proposed Order Related Doc. No. 49. Document filed by David A Castleman. (Attachments: #1 Exhibit Proposed Order).(Luckman, Gerard)
June 16, 2022 Opinion or Order Filing 59 MEMO ENDORSEMENT on re: #58 Letter Transmitting Proposed Order Related Doc. No. 49 filed by David A Castleman. ENDORSEMENT: The Seller's request for reconsideration is DENIED. The Court need not entertain a motion for reconsideration that seeks to relitigate old issues, present new theories of liability, or otherwise take a second bite at the apple. See Analytical Survs., Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012), as amended (July 13, 2012). Although the Court seriously doubts the Sellers' conversion theory on the merits, that theory is not a proper basis for a request for reconsideration. The decision cited by the Sellers was released on June 9th; the Sellers' initial request was on June 14 (Dkt. 49). The Sellers' attempt to argue a conversion theory is akin to presenting a new theory of liability or taking a second bite of the apple. Accordingly, the request is denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/16/22) (yv)
June 16, 2022 Opinion or Order Filing 57 LETTER addressed to Judge Valerie E. Caproni from Christopher Beil and Maureen Beil dated June 16, 2022 re: request Court reconsider entering Order directing turnover of earnest money deposit. Document filed by Christopher Beil. (Attachments: #1 Exhibit Family Health Mgt, LLC v. Rohan Development, LLC).(Dillon, Scott)
June 15, 2022 Opinion or Order Filing 56 CONSENT ORDER FOR PRELIMINARY INJUNCTION AGAINST DEFENDANTS EDDY ALEXANDRE AND EMINIFX, INC.:THE PARTIES AGREE AND IT IS HEREBY ORDERED that: A. Jurisdiction and Venue The Defendants have been properly served with a Summons and a copy of the Complaint and Defendants have consented to the entry of this Order. This Court is authorized to enter a preliminary injunction and ancillary equitable relief against Defendants pursuant to 7 U.S.C. 13a-1 and 13a-2. 19. This Court has jurisdiction over Defendants and the subject matter of this action pursuant to 28 U.S.C. 1331 (federal question jurisdiction) and 28 U.S.C. 1345 (district courts have original jurisdiction over civil actions commenced by the United States or by any agency expressly authorized to sue by Act of Congress). 7 U.S.C. 13a-1(a) authorizes the CFTC to seek injunctive and other relief against any person whenever it appears to the CFTC that such person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of any provision of the Act or any rule, or regulation promulgated thereunder. As Plaintiff, Commission has made a proper showing under 7 U.S.C. 13a-1(b) that it is not required to post any bond in connection with this Order. The Receiver is similarly not required to post bond. The hearing on the preliminary injunction, currently scheduled for Friday, June 17, 2022 at 2:30 P.M., is hereby CANCELLED, as the entry of this Order renders that hearing moot. As further set forth by this Order. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/15/2022) (tg)
June 15, 2022 Opinion or Order Filing 55 MEMO ENDORSEMENT on re: #54 Letter filed by Christopher Beil. ENDORSEMENT: The Sellers' objection, see Letter, Dkt. 49, is OVERRULED. The Sellers may make a claim in the normal claims process to be established by the Receiver with the approval of the Court at a later date. The Court is inclined to order the Sellers to turn over the deposit at issue to the Receiver. By no later than Friday, June 17, 2022, the Receiver must file a proposed order requiring the turnover of the deposit at issue. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/15/2022) (tg)
June 15, 2022 Opinion or Order Filing 54 LETTER addressed to Judge Valerie E. Caproni from Christopher Beil and Maureen Beil dated June 15, 2022 re: further limited opposition to proposed Consent Order. Document filed by Christopher Beil..(Dillon, Scott)
June 15, 2022 Opinion or Order Filing 53 LETTER addressed to Judge Valerie E. Caproni from Douglas Snodgrass dated June 15, 2022 re: CFTC's Response to the Objection Filed by Christopher and Maureen Beil. Document filed by Commodity Futures Trading Commission..(Snodgrass, Douglas)
June 15, 2022 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Gerard Roger Luckman on behalf of David A Castleman..(Luckman, Gerard)
June 15, 2022 Opinion or Order Filing 51 LETTER addressed to Judge Valerie E. Caproni from Kathy Bazoian Phelps dated June 15, 2022 re: Response to Objection Filed by Christopher and Maureen Beil [Dkt 49]. Document filed by David A Castleman. (Attachments: #1 Affidavit of David Castleman, #2 Exhibit Ex 1 - Redacted Bank Statement).(Phelps, Kathy)
June 14, 2022 Opinion or Order Filing 50 MEMO ENDORSEMENT on re: #49 Letter filed by Christopher Beil. Although Christopher and Maureen Beil are non-parties without standing in this matter, any response by the parties or the Receiver to this letter is due no later than Wednesday, June 15, 2022 at 6:00 P.M. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/14/2022) (anc)
June 14, 2022 Opinion or Order Filing 49 LETTER addressed to Judge Valerie E. Caproni from Christopher Beil and Maureen Beil dated June 14, 2022 re: limited opposition to proposed Consent Order. Document filed by Christopher Beil..(Dillon, Scott)
June 14, 2022 Opinion or Order Filing 48 CONSENT MOTION for Preliminary Injunction . Document filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A - Proposed Consent Order for Preliminary Injunction).(Snodgrass, Douglas)
June 10, 2022 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: #46 Letter Application to Confirm Employment of Professionals, filed by David A Castleman. ENDORSEMENT: Application GRANTED. The employment of the five professional firms, as described in this letter, is confirmed on the terms set forth by the Receiver. The Receiver's process described in this letter for submitting fee and expense requests by letter application, following the approval by the CFTC in accordance with their procedures, is approved. Any application for fees and expenses must include the detailed time entries, which may be submitted separately under seal on ECF. The Receiver is not required to file a separate motion to seal alongside any sealed filings of time entries. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/10/22) (yv)
June 10, 2022 Opinion or Order Filing 46 LETTER addressed to Judge Valerie E. Caproni from Kathy Bazoian Phelps dated June 10, 2022 re: Letter Application to Confirm Employment of Professionals. Document filed by David A Castleman. (Attachments: #1 Exhibit Ex 1 - Raines Feldman LLP Rates, #2 Exhibit Ex 2 - JS Held Rates, #3 Exhibit Ex 3 - FDT Rates, #4 Exhibit Ex 4 - Crowe Rates, #5 Exhibit Ex 5 - Stretto Agreement).(Phelps, Kathy)
June 7, 2022 Opinion or Order Filing 45 ENDORSED LETTER addressed to Judge Valerie E. Caproni from Donna Bogursky-LoTurco dated 6/6/2022 re: It has come to my attention that this same person has been charged with using fraudulently obtained funds for this purpose and that there will be a request to forward his deposit to a third party. ENDORSEMENT: Counsel is directed to work with David Castleman, the Court-appointed temporary receiver. Mr. Castleman is welcome to file a request with a proposed order to the Court that addresses this issue. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/7/2022) (tg)
June 6, 2022 Opinion or Order Filing 44 LETTER addressed to Judge Valerie E. Caproni from Christopher Beil and Maureen Beil dated June 6, 2022 re: response to Receiver's Preliminary Status Report. Document filed by Christopher Beil. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Dillon, Scott)
June 2, 2022 Opinion or Order Filing 43 ORDER granting #41 Letter Motion to Adjourn Conference. Given that the adverse parties consent to the longer extension, see Fed. R. Civ. P. 65(b)(2), the statutory restraining order currently in effect (Dkt. 9) is hereby extended to Friday, June 17, 2022. The hearing on the preliminary injunction, currently scheduled for Tuesday, June 7, 2022 at 1:00 P.M., is adjourned to Friday, June 17, 2022 at 2:30 P.M. By no later than Tuesday, June 14, 2022, the parties must file the proposed consent preliminary injunction, were they to agree upon one. If the parties are unable to agree, Plaintiff must file a proposed preliminary injunction by no later than Wednesday, June 15, 2022 at 12:00 P.M. Any response by Defendants is due no later than Thursday, June 16, 2022 at 12:00 P.M. The June 17, 2022 hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Additionally, any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. Status Conference set for 6/17/2022 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.. (Signed by Judge Valerie E. Caproni on 6/2/2022) (ate)
June 2, 2022 Opinion or Order Filing 41 JOINT LETTER MOTION to Adjourn Conference and Extend the Effective Date of the Statutory Restraining Order addressed to Judge Valerie E. Caproni from Emil Bove dated June 2, 2022. Document filed by Eddy Alexandre..(Bove, Emil)
June 2, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 6/16/2022. (ate)
June 1, 2022 Opinion or Order Filing 42 MEMO ENDORSEMENT on re: #38 Status Report filed by David A Castleman. ENDORSEMENT: The temporary receiver's requests for permission as outlined in this letter are hereby GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/1/2022) (tg)
June 1, 2022 Opinion or Order Filing 40 ORDER: IT IS HEREBY ORDERED that by no later than Friday, June 3, 2022 at 12:00 P.M., the parties must file the proposed consent preliminary injunction, were they to agree upon one. If the parties are unable to agree, Plaintiff must file a proposed preliminary injunction by no later than Friday, June 3, 2022 at 5:00 P.M. Any response by Defendants is due no later than Monday, June 6, 2022 at 5:00 P.M. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/1/2022) (tg)
June 1, 2022 Opinion or Order Filing 38 STATUS REPORT. And Request for Instructions Document filed by David A Castleman. (Attachments: #1 Exhibit June Invoice).(Castleman, David)
May 31, 2022 Opinion or Order Filing 39 ORDER granting #37 Letter Motion for Extension of Time to Answer re #37 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Emil Bove dated May 31, 2022., #5 Complaint. Application GRANTED. SO ORDERED. Eddy Alexandre answer due 7/11/2022; Eminifx Inc. answer due 7/11/2022. (Signed by Judge Valerie E. Caproni on 5/31/2022) (tg)
May 31, 2022 Opinion or Order Filing 37 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Emil Bove dated May 31, 2022. Document filed by Eddy Alexandre..(Bove, Emil)
May 26, 2022 Opinion or Order Filing 36 NOTICE OF APPEARANCE by Kathy Bazoian Phelps on behalf of David A Castleman..(Phelps, Kathy)
May 26, 2022 Opinion or Order Filing 35 ORDER FOR ADMISSION PRO HAC VICE granting #34 Motion for Kathy Bazoian Phelps to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/26/2022) (vfr)
May 25, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Kathy Bazoian Phelps 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. (sgz)
May 24, 2022 Opinion or Order Filing 34 MOTION for Kathy Bazoian Phelps to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David A Castleman. (Attachments: #1 Affidavit of Kathy Bazoian Phelps, #2 Text of Proposed Order Proposed Order).(Phelps, Kathy)
May 23, 2022 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Elizabeth M Streit on behalf of Commodity Futures Trading Commission. (Attachments: #1 Exhibit A).(Streit, Elizabeth)
May 23, 2022 Opinion or Order Filing 32 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/22/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/23/2022) (tg)
May 23, 2022 Opinion or Order Filing 31 ORDER: granting #29 Letter Motion to Adjourn Conference. Application GRANTED. Given that the adverse parties consent to the longer extension, see Fed. R. Civ. P. 65(b) (2), the statutory restraining order currently in effect (Dkt. 9) is hereby extended to Tuesday, June 7, 2022. The hearing on the preliminary injunction, currently scheduled for Tuesday, May 24, 2022 at 2:00 P.M., is adjourned to Tuesday, June 7, 2022 at 1:00 P.M. The hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Additionally, any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 5/23/2022) (ama)
May 23, 2022 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Melissa Falk Wernick on behalf of Eddy Alexandre..(Wernick, Melissa)
May 23, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 MOTION for Kathy Bazoian Phelps to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26176684. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
May 23, 2022 Opinion or Order Set/Reset Deadlines as to Motion Hearing set for 6/7/2022 at 01:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ama)
May 20, 2022 Opinion or Order Filing 29 JOINT LETTER MOTION to Adjourn Conference and Extend the Effective Date of the Statutory Restraining Order addressed to Judge Valerie E. Caproni from Douglas Snodgrass dated 5/20/2022. Document filed by Commodity Futures Trading Commission..(Snodgrass, Douglas)
May 20, 2022 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Douglas Snodgrass on behalf of Commodity Futures Trading Commission. (Attachments: #1 Exhibit A).(Snodgrass, Douglas)
May 20, 2022 Opinion or Order Filing 27 NOTICE OF APPEARANCE by Emil Bove, III on behalf of Eddy Alexandre..(Bove, Emil)
May 20, 2022 Opinion or Order Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kathy Bazoian Phelps to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26176684. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David A Castleman. (Attachments: #1 Affidavit Declaration of Kathy Bazoian Phelps, #2 Text of Proposed Order Proposed Order).(Phelps, Kathy) Modified on 5/23/2022 (sgz).
May 18, 2022 Opinion or Order Filing 25 AFFIDAVIT OF SERVICE of summons, pleadings, the Court's statutory restraining order, and accompanying filings served on EminiFX, Inc. on May 12, 2022. Service was accepted by Federal Defender Zawadi Baharanyi on behalf of CEO Eddy Alexandre. Document filed by Commodity Futures Trading Commission..(Snodgrass, Douglas)
May 18, 2022 Opinion or Order Filing 24 AFFIDAVIT OF SERVICE of summons, the Court's statutory restraining order, and accompanying filings served on Eddy Alexandre on May 12, 2022. Service was accepted by Federal Defender Zawadi Baharanyi. Document filed by Commodity Futures Trading Commission..(Snodgrass, Douglas)
May 17, 2022 Opinion or Order Filing 23 ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Elizabeth M. Streit to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/17/2022) (tg)
May 17, 2022 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion to Appear Pro Hac Vice; granting #19 Motion to Appear Pro Hac Vice. The motion of Douglas Snodgrass, for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. As further set forth by this Order. The Clerk of Court is respectfully directed to close the open motions at docket entries 13 and 19. (Signed by Judge Valerie E. Caproni on 5/17/2022) (tg) Modified on 5/19/2022 (tg).
May 17, 2022 Opinion or Order Filing 21 NOTICE OF APPEARANCE by David Allen Castleman on behalf of David A Castleman..(Castleman, David)
May 17, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Douglas Snodgrass to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #20 MOTION for Elizabeth 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. (vba)
May 16, 2022 Opinion or Order Filing 20 MOTION for Elizabeth 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 Affidavit of Elizabeth Streit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Admission Pro Hac Vice).(Streit, Elizabeth)
May 16, 2022 Opinion or Order Filing 19 MOTION for Douglas Snodgrass 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 Affidavit of Douglas Snodgrass, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Admission Pro Hac Vice).(Snodgrass, Douglas)
May 13, 2022 Opinion or Order Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Eminifx Inc. served on 5/12/2022, answer due 6/2/2022. Service was accepted by Federal Defender Zawadi Baharanyi on behalf of CEO Eddy Alexandre. Document filed by Commodity Futures Trading Commission..(Snodgrass, Douglas)
May 13, 2022 Opinion or Order Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint served. Eddy Alexandre served on 5/12/2022, answer due 6/2/2022. Service was accepted by Federal Defender Zawadi Baharanyi. Document filed by Commodity Futures Trading Commission..(Snodgrass, Douglas)
May 12, 2022 Opinion or Order Filing 18 DECLARATION of MATTHEW S. EDELSTEIN PURSUANT TO 28 U.S.C. 1746: Document filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js)
May 12, 2022 Opinion or Order Filing 15 DECLARATION OF DOUGLAS SNODGRASS IN SUPPORT OF MOTION FOR ADMISSION OF PRO HAC VICE PURSUANT TO LOCAL RULE 1.3: Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js)
May 12, 2022 Opinion or Order Filing 14 DECLARATION OF DOUGLAS SNODGRASS UNDER LOCAL RULE 6.1 (d) IN SUPPORT OF CFTC'S EX PARTE MOTION FOR A STATUTORY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js)
May 12, 2022 Opinion or Order Filing 13 MOTION for Douglas Snodgrass to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js)
May 12, 2022 Opinion or Order Filing 12 ORDER granting #10 Motion re: #10 MOTION EXPEDITED DISCOVERY. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***. (Signed by Judge Valerie E. Caproni on 5/11/2022) (js)
May 12, 2022 Opinion or Order Filing 11 PROPOSED ORDER GRANTING MOTION FOR EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** Document filed by Commodity Futures Trading Commission..(js)
May 12, 2022 Opinion or Order Filing 10 PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js)
May 12, 2022 Opinion or Order Filing 9 ORDER granting #6 Motion re: #6 PLAINTIFF'S MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF: By no later than Friday, May 13, 2022, Plaintiff must email Chambers a proposed unsealing order. By no later than Monday, May 16, 2022, Plaintiff must serve the pleadings, this order, and all accompanying filings on Defendants. Plaintiff must file proof of such service on the docket by no later than Tuesday, May 17, 2022. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***. (Signed by Judge Valerie E. Caproni on 5/11/2022) (js)
May 12, 2022 Opinion or Order Filing 8 MEMORANDUM OF LAW in Support re: #6 PLAINTIFF'S EMERGENCY MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) (Additional attachment(s) added on 5/13/2022: #1 Exhibit A) (js). (Main Document 8 replaced on 5/26/2022) (js).
May 12, 2022 Opinion or Order Filing 7 PROPOSED ORDER GRANTING PLAINTIFFS MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF Document filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit A).***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js)
May 12, 2022 Opinion or Order Filing 6 PLAINTIFF'S MOTION FOR AN EX PARTE STATUTORY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js)
May 12, 2022 Opinion or Order Filing 5 COMPLAINT against Eddy Alexandre, Eminifx Inc. Document filed by Commodity Futures Trading Commission. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** (js)
May 12, 2022 Opinion or Order Filing 4 CIVIL COVER SHEET filed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5*** ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js)
May 12, 2022 Opinion or Order Filing 3 ORDER. This matter is before the Court on Plaintiff Commodity Futures Trading Commissions (CFTC) Ex Parte Motion for Leave to Lift Seal on this file and docket. In the Motion, the CFTC moves the Court to lift the seal because the reasons for the seal have been satisfied. Having considered the instant motion, the Court finds that the CFTC has demonstrated that the reasons for requesting the seal have been satisfied and that the seal on the file and court docketshould be lifted. Accordingly, it is now ORDERED: Plaintiff Commodity Futures Trading Commissions Ex Parte Motion for Leave to Lift the Seal on this case and Docket is GRANTED. Records Management is hereby directed to upload all documents filed to date on the Electronic Case Filing system. SO ORDERED. (Signed by Judge Valerie E. Caproni on 05/12/2022)(jus)
May 11, 2022 Opinion or Order Filing 2 SEALED DOCUMENT placed in vault. (nmo)
May 11, 2022 Opinion or Order Magistrate Judge Stewart D. Aaron 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. (nmo)
May 10, 2022 Opinion or Order Filing 1 ***Sealed*** ORDER, Case sealed. (Signed by Judge Loretta A. Preska on 05/10/2022) (nmo)

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Plaintiff: Commodity Futures Trading Commission
Represented By: Douglas Snodgrass
Represented By: Elizabeth M Streit
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Defendant: DEF
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Defendant: Eddy Alexandre
Represented By: Melissa Falk Wernick
Represented By: Emil Bove, III
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Defendant: Eminifx Inc.
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Receiver: David A Castleman
Represented By: David Allen Castleman
Represented By: Christina McPhaul
Represented By: Gerard Roger Luckman
Represented By: Kathy Bazoian Phelps
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Interested party: Christopher Beil
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