Commodity Futures Trading Commission v. Dupont et al
| Commodity Futures Trading Commission |
| Jody Dupont and Open Range Trading LLC |
| 8:2016cv03258 |
| September 29, 2016 |
| US District Court for the District of South Carolina |
| Anderson/Greenwood Office |
| Anderson |
| Jacquelyn D Austin |
| Timothy M Cain |
| Securities/Commodities/Exchanges |
| 7 U.S.C. ยง 6 |
| None |
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Filing
91
ORDER RULING ON REPORT AND RECOMMENDATION adopts 81 Report and Recommendation. Plaintiff's motion to strike is DENIED AS MOOT in part and GRANTED in part. The motion is DENIED AS MOOT with respect to the portion seeking to strike the Answer as it pertains to Open Range and GRANTED with respect to the portion seeking to strike paragraphs 2, 3, 4, and 7 of Duponts Answer and with respect to Dupont's affirmative defenses. (ECF No. 20). Additionally, Dupont's counterclaims and cross-claims are DISMISSED pursuant to Federal Rule of Procedure 41(b). Therefore, Plaintiff's 48 motion to dismiss the counterclaims and cross-claims is DENIED AS MOOT. Finally, Duponts 48 motion to dismiss is DENIED. Signed by Honorable Timothy M Cain on 10/5/2017. (gpre, )
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Filing
68
ORDER re 41 First MOTION to Strike. Dupont has failed to respond to the motion, it appears to the Court that he does not oppose the motion to strike. Further, it appears that Dupont wishes to abandon the counterclaims an d cross- claims set forth in his Answer. [See Doc. 20.] IT IS ORDERED that Dupont shall have through July 18, 2017, in which to file his response. Dupont is advised that if he fails to respond, the motion to strike will be granted as unopposed and the counterclaims and cross-claims set forth in the Answer will be subject to dismissal for failure to prosecute pursuant to Fed. R. Civ. P. 41(b), and for failure to comply with this Courts orders, pursuant to Rule 41(b). (Response to Motion due by 7/18/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) Signed by Magistrate Judge Jacquelyn D Austin on 6/28/2017. (abuc)
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