Commodity Futures Trading Commission v. Bryant et al
Plaintiff: Commodity Futures Trading Commission
Defendant: Storm Bryant, Elijah Bryant, III, CapitalStorm LLC, GenerationBlack LLC and NCOME LLC
Case Number: 3:2021cv00487
Filed: September 15, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: Robert J Conrad
Referring Judge: David Keesler
Nature of Suit: Securities/Commodities
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2021 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to File Response/Reply re: #24 MOTION to Dismiss for Failure to State a Claim. Replies due by 11/22/2021. Signed by Magistrate Judge David Keesler on 11/9/21. (clc)
November 9, 2021 Filing 27 MOTION for Extension of Time to File Response/Reply re: #24 MOTION to Dismiss for Failure to State a Claim by Elijah Bryant, III, Storm Bryant, CapitalStorm LLC, GenerationBlack LLC, NCOME LLC. Responses due by 11/23/2021 (Bondurant, Joel). Motions referred to David Keesler.
November 8, 2021 Filing 26 MEMORANDUM in Opposition re #24 MOTION to Dismiss for Failure to State a Claim by Commodity Futures Trading Commission. Replies due by 11/15/2021 (Mulreany, Timothy)
October 28, 2021 Opinion or Order Filing 25 Consent Order of Preliminary Injunction and Other Equitable. The Court GRANTS the #22 Motion to Enter Substitute Consent Order of Preliminary Injunction. This Court's previous order at docket entry 21 is struck in light of this order. Signed by District Judge Robert J. Conrad, Jr on 10/27/2021. (brl)
October 27, 2021 Filing 24 MOTION to Dismiss for Failure to State a Claim by Elijah Bryant, III, Storm Bryant, CapitalStorm LLC, GenerationBlack LLC, NCOME LLC. Responses due by 11/10/2021 (Attachments: #1 Memorandum in Support of Motion to Dismiss) (Bondurant, Joel). Motions referred to David Keesler.
October 27, 2021 Filing 23 NOTICE of Appearance by Joel M. Bondurant, Jr on behalf of All Defendants (Bondurant, Joel)
October 26, 2021 Filing 22 Unopposed MOTION to Enter Substitute Consent Order of Preliminary Injunction re #21 Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief by Commodity Futures Trading Commission. Responses due by 11/9/2021 (Attachments: #1 Proposed Order) (Mulreany, Timothy). Modified text on 10/27/2021 (brl). Modified on 10/27/2021 to remove referral (mek).
October 26, 2021 Opinion or Order Filing 21 **STRICKEN PER ORDER #25 Consent Order of Preliminary Injunction and Other Equitable Relief. Signed by District Judge Robert J. Conrad, Jr on 10/25/2021. (brl) Modified text on 10/28/2021 (brl).
October 26, 2021 NOTICE of Cancellation of Motion Hearing scheduled for 10/28/2021 pursuant to the entry of the Consent Order of Preliminary Injunction and Other Equitable Relief (brl)
October 21, 2021 Filing 20 Joint MOTION to Enter Consent Order of Preliminary Injunction by Commodity Futures Trading Commission. Responses due by 11/4/2021. (Attachments: #1 Proposed Order)(Mulreany, Timothy) Modified event & text on 10/22/2021 (brl).
October 13, 2021 Filing 19 NOTICE of Alternative Service by Commodity Futures Trading Commission re #17 Order on Motion for Service by Publication (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Mulreany, Timothy)
October 6, 2021 Opinion or Order Filing 18 ORDER granting in part #16 Motion to Continue Hearing on Motion for Preliminary Injunction. Plaintiff's Motion is GRANTED as to a continuance on the original hearing date of October 8, 2021 and DENIED as to resetting the hearing to October 29, 2021. The hearing is continued to Thursday October 28th at 10:00 am. Signed by District Judge Robert J. Conrad, Jr on 10/6/2021. (brl)
October 6, 2021 NOTICE of Hearing on Motion re: #13 MOTION for Preliminary Injunction : Motion Hearing RESET for 10/28/2021 10:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
October 5, 2021 Opinion or Order Filing 17 ORDER granting #15 Plaintiff's Motion for an Order Authorizing Alternative Service on Defendants. Signed by Magistrate Judge David Keesler on 10/5/21. (mga)
October 4, 2021 Filing 16 Unopposed MOTION to Continue Hearing on Motion for Preliminary Injunction by Commodity Futures Trading Commission. Responses due by 10/18/2021 (Attachments: #1 Proposed Order) (Mulreany, Timothy)
September 29, 2021 Filing 15 Unopposed MOTION for Alternate Service by Publication by Commodity Futures Trading Commission. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Mulreany, Timothy). Motions referred to David Keesler.
September 27, 2021 NOTICE of Hearing on Motion re: #13 MOTION for Preliminary Injunction : Motion Hearing set for 10/8/2021 10:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
September 24, 2021 Opinion or Order Filing 14 TEMPORARY RESTRAINING ORDER. Signed by District Judge Robert J. Conrad, Jr on 9/24/2021. (brl)
September 16, 2021 Filing 13 MOTION for Preliminary Injunction by Commodity Futures Trading Commission. Responses due by 9/30/2021 (Mulreany, Timothy)
September 16, 2021 Filing 11 Exhibit by Commodity Futures Trading Commission. Exhibit to #6 Declaration,,, Malas Declaration Exhibit #55 (Mulreany, Timothy)
September 16, 2021 Filing 10 Exhibit by Commodity Futures Trading Commission. Exhibit to #6 Declaration,,, Malas Declaration Exhibit #44 (Attachments: #1 Exhibit #45, #2 Exhibit #46, #3 Exhibit #47, #4 Exhibit #48, #5 Exhibit #49, #6 Exhibit #50, #7 Exhibit #51, #8 Exhibit #52, #9 Exhibit #53, #10 Exhibit #54)(Mulreany, Timothy)
September 16, 2021 Filing 9 Exhibit by Commodity Futures Trading Commission. Exhibit to #6 Declaration,,, Malas Declaration Exhibit #37 (Attachments: #1 Exhibit #38, #2 Exhibit #39, #3 Exhibit #40, #4 Exhibit #41, #5 Exhibit #42, #6 Exhibit #43)(Mulreany, Timothy)
September 16, 2021 Filing 8 Exhibit by Commodity Futures Trading Commission. Exhibit to #6 Declaration,,, Malas Declaration Exhibit #35 (Attachments: #1 Exhibit #36)(Mulreany, Timothy)
September 16, 2021 Filing 7 Exhibit by Commodity Futures Trading Commission. Exhibit to #6 Declaration,,, Malas Declaration Exhibit #26 (Attachments: #1 Exhibit #27, #2 Exhibit #28, #3 Exhibit #29, #4 Exhibit #30, #5 Exhibit #31, #6 Exhibit #32, #7 Exhibit #33, #8 Exhibit #34)(Mulreany, Timothy)
September 16, 2021 Filing 6 DECLARATION re 3 MOTION for Temporary Restraining Order EX PARTE MOTION FOR A STATUTORY RESTRAINING ORDER AND MEMORANDUM OF LAW IN SUPPORT Malas Declaration 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, #17 Exhibit #17, #18 Exhibit #18, #19 Exhibit #19, #20 Exhibit #20, #21 Exhibit #21, #22 Exhibit #22, #23 Exhibit #23, #24 Exhibit #24, #25 Exhibit #25)(Mulreany, Timothy)
September 15, 2021 Opinion or Order Filing 5 ORDER granting #2 Plaintiff's Motion for Leave to File Excess Pages. Plaintiff is permitted to submit its "Ex Parte Motion For A Statutory Restraining Order And Memorandum Of Law In Support" (Document No. 3) with a word count of about twenty-seven pages. Signed by Magistrate Judge David Keesler on 9/15/21. (mga)
September 15, 2021 Filing 4 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (kab)
September 15, 2021 Filing 2 MOTION for Leave to File Excess Pages for Memoranda of Law in Support of its Ex Parte Motion for a Statutory Restraining Order by Commodity Futures Trading Commission. Responses due by 9/29/2021 (Mulreany, Timothy)
September 15, 2021 Filing 1 COMPLAINT against All Defendants, filed by Commodity Futures Trading Commission. (Attachments: #1 Cover Sheet)(Mulreany, Timothy)
September 15, 2021 Case assigned to District Judge Robert J. Conrad, Jr. and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. Motions referred to David Keesler: #2 MOTION for Leave to File Excess Pages for Memoranda of Law in Support of its Ex Parte Motion for a Statutory Restraining Order This is your only notice - you will not receive a separate document.(kab)

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Plaintiff: Commodity Futures Trading Commission
Represented By: Timothy James Mulreany
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Defendant: Storm Bryant
Represented By: Joel M. Bondurant, Jr.
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Defendant: Elijah Bryant, III
Represented By: Joel M. Bondurant, Jr.
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Defendant: CapitalStorm LLC
Represented By: Joel M. Bondurant, Jr.
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Defendant: GenerationBlack LLC
Represented By: Joel M. Bondurant, Jr.
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Defendant: NCOME LLC
Represented By: Joel M. Bondurant, Jr.
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