Commodity Futures Trading Commission et al v. TMTE Inc et al
Plaintiff: Office of the Attorney General and State of Florida Office of Financial Regulation, State of Texas, State of Florida, Dana Nessel, South Dakota Department of Labor & Regulation, Douglas M Ommen, Mississippi Secretary of State, Alabama Securities Commission, Arizona Corporation Commission, Commissioner of the Tennessee Department of Commerce and Insurance, Office of the Georgia Secretary of State, State of Maryland, Indiana Securities Commissioner, State of Alaska, West Virginia Securities Commission, State of Wisconsin, Attorney General of the State of New York, Office of the Nevada Secretary of State, Oklahoma Department of Securities, Colorado Securities Commissioner, Washington State Department of Financial Institutions, Commodity Futures Trading Commission, South Carolina Attorney General, State of Delaware, Idaho Department of Finance, Nebraska Department of Banking & Finance, The People of the State of New York, South Carolina Secretary of State, New Mexico Securities Division, California Commissioner of Business Oversight, Office of the Kansas Securities Commissioner, Division of Insurance, Maine Securities Administrator, State of Hawaii, Kentucky Department of Financial Institutions and Securities Enforcement Branch
Defendant: TMTE Inc, Lucas Thomas Erb, Lucas Asher, Luke Asher, Simon Batashvili, Metals.com, Chase Metals LLC, Tower Equity LLC, Barrick Capital Inc and Chase Metals Inc
Receiver: Kelly Crawford
Case Number: 3:2020cv02910
Filed: September 22, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam A Lindsay
Nature of Suit: Other Statutes: Securities/Commodities/Exchange
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 90 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11210048) filed by Commodity Futures Trading Commission (Attachments: #1 Motion to Proceed, #2 Proposed Order, #3 Certificate of Good Standing). Party Maine Securities Administrator added.Attorney Gregg D Bernstein added to party Commodity Futures Trading Commission(pty:pla) (Bernstein, Gregg)
September 25, 2020 Filing 89 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11210015) filed by California Commissioner of Business Oversight (Attachments: #1 Motion to Proceed without Local Counsel, #2 Proposed Order, #3 Proposed Order). Party State of California added. (Stoumbos, Danielle)
September 25, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF for Documents 26, 27, 28, 31, 32, 35, 39, 44, 45, 46, 47, 58, 60, 61, 61, 63, 64, 65, 67, 69, 70, 71, 74, 75, 76, 78, 81, 82, 84, 87 Fri Sep 25 16:02:53 CDT 2020 (crt)
September 25, 2020 Filing 88 MOTION Leave to Proceed Without Local Counsel filed by State of Florida (Attachments: #1 Proposed Order) (Melchior, Albert)
September 25, 2020 Opinion or Order Filing 87 ELECTRONIC ORDER granting #86 Application for Admission Pro Hac Vice of A. Gregory Melchior. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:85. Fri Sep 25 15:32:40 CDT 2020 (crt)
September 25, 2020 Filing 86 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11209754) filed by State of Florida (Attachments: #1 Proposed Order) (Melchior, Albert)
September 25, 2020 Opinion or Order Filing 85 ORDER: The court and the clerk's office have spent most of the day correcting documents that have been filed incorrectly in this action in the court's Case Management Electronic Case Filing ("ECF") system. The court directs all parties to contact the court's clerks office ECF Help Desk at 214-753-2633 or toll free 866-243-2866 with any filing questions prior to filing any documents. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (axm)
September 25, 2020 Opinion or Order Filing 84 ELECTRONIC ORDER granting #83 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff People of Michigan to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 83 MOTION for Leave to Proceed without Local Counsel filed by Dana Nessel (Attachments: #1 Proposed Order) (Levin, Aaron)
September 25, 2020 Opinion or Order Filing 82 ELECTRONIC ORDER granting #80 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff the People of the State of New York to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 81 ELECTRONIC ORDER granting #79 Application for Admission Pro Hac Vice of Rayni M. Nakamura-Watanabe. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 80 MOTION Motion for Leave to Proceed Without Local Counsel re #72 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11209260) filed by Attorney General of the State of New York (Attachments: #1 Proposed Order) (Trakht, Tatyana)
September 25, 2020 Filing 79 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11209180) filed by State of Hawaii (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order Proposed Order) (Nakamura-Watanabe, Rayni)
September 25, 2020 Opinion or Order Filing 78 ELECTRONIC ORDER granting 77 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff Commonwealth of Kentucky to proceed without designating local counsel in this action. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 77 Motion for Leave to Proceed Without Local Counsel filed by Kentucky Department of Financial Institutions. Please see doc. #73 for image. (ctf)
September 25, 2020 Opinion or Order Filing 76 ELECTRONIC ORDER granting #73 Application for Admission Pro Hac Vice of Gary A. Stephens. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 75 ELECTRONIC ORDER granting #72 Application for Admission Pro Hac Vice of Tatyana (Tanya) Trakht. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 74 ELECTRONIC ORDER granting #38 Application for Admission Pro Hac Vice of Aaron W. Levin. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 73 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11209309) filed by Kentucky Department of Financial Institutions with Brief/Memorandum in Support. (Attachments: #1 Certificate of Good Standing, #2 Motion to Proceed, #3 Proposed Order) (Stephens, Gary)
September 25, 2020 Filing 72 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11209260) filed by Attorney General of the State of New York (Attachments: #1 Certificate of good standing, #2 Proposed Order) (Trakht, Tatyana)
September 25, 2020 Opinion or Order Filing 71 ELECTRONIC ORDER granting #37 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff Iowa Insurance Commissioner, Douglas M. Ommen to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 70 ELECTRONIC ORDER granting 68 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff Tung Chan, Securities Commissioner for the State of Colorado to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 69 ELECTRONIC ORDER granting #34 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff New Mexico Securities Division to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 68 Motion for Leave to Proceed Without Local Counsel filed by Colorado Securities Commissioner. Please see doc. #50 for image. (ctf)
September 25, 2020 Opinion or Order Filing 67 ELECTRONIC ORDER granting 66 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff Nebraska Department of Banking and Finance to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 66 Motion for Leave to Proceed Without Local Counsel filed by Nebraska Department of Banking & Finance. Please see doc. #48 for image. (ctf)
September 25, 2020 Opinion or Order Filing 65 ELECTRONIC ORDER granting #50 Application for Admission Pro Hac Vice of Janna K. Fischer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 64 ELECTRONIC ORDER granting #48 Application for Admission Pro Hac Vice of Joshua R. Shasserre. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 63 ELECTRONIC ORDER granting #57 Application for Admission Pro Hac Vice of Robert W. Finke. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 62 ELECTRONIC ORDER granting #59 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff Commissioner of the Tennessee Department of Commerce and Insurance to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 61 ELECTRONIC ORDER granting #56 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff New Mexico Securities Division to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 60 ELECTRONIC ORDER granting #55 Motion to Proceed Without Local Counsel. Accordingly, the court allows Plaintiff Office of the Kansas Securities Commissioner to proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 59 MOTION Leave to Proceed Without Local Counsel re 31 Order on Application for Admission Pro Hac Vice, filed by Commissioner of the Tennessee Department of Commerce and Insurance (Attachments: #1 Proposed Order) (Urban, James)
September 25, 2020 Opinion or Order Filing 58 ELECTRONIC ORDER granting #53 Application for Admission Pro Hac Vice of Thomas E. Knutzen. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 57 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208949) filed by Colorado Securities Commissioner . (Finke, Robert)
September 25, 2020 Filing 56 MOTION for Leave to File LEAVE TO PROCEED WITHOUT LOCAL COUNSEL filed by New Mexico Securities Division (Attachments: #1 Proposed Order) (Berger, Alissa)
September 25, 2020 Filing 55 MOTION Leave to Proceed Without Local Counsel re #53 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208880) filed by Office of the Kansas Securities Commissioner (Attachments: #1 Proposed Order) (Knutzen, Thomas)
September 25, 2020 Filing 54 SUMMONS Returned Executed as to Tower Equity LLC ; served on 9/24/2020. (Buffa, JonMarc)
September 25, 2020 Filing 53 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208880) filed by Office of the Kansas Securities Commissioner (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Knutzen, Thomas)
September 25, 2020 Filing 52 SUMMONS Returned Executed as to TMTE Inc ; served on 9/24/2020. (Buffa, JonMarc)
September 25, 2020 Filing 51 SUMMONS Returned Executed as to Chase Metals LLC ; served on 9/24/2020. (Buffa, JonMarc)
September 25, 2020 Filing 50 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208797) filed by Colorado Securities Commissioner. (Fischer, Janna) Modified text on 9/25/2020 (ykp).
September 25, 2020 Filing 49 SUMMONS Returned Executed as to Chase Metals Inc ; served on 9/24/2020. (Buffa, JonMarc)
September 25, 2020 Filing 48 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208772) filed by Nebraska Department of Banking & Finance (Attachments: #1 Proposed Order Proposed Order for Admission Pro Hac Vice, #2 Additional Page(s) Motion for Leave to Proceed without Local Counsel, #3 Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to Proceed without Local Counsel, #4 Additional Page(s) Certificate of Good Standing) (Shasserre, Joshua)
September 25, 2020 Opinion or Order Filing 47 ELECTRONIC ORDER granting #43 Motion to Proceed Without Local Counsel. Accordingly, Plaintiff State of Delaware may proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 46 ELECTRONIC ORDER granting #42 Application for Admission Pro Hac Vice of Jonathan B. Williams. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 45 ELECTRONIC ORDER granting #41 Application for Admission Pro Hac Vice of Katherine M. Devanney. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 44 ELECTRONIC ORDER granting #40 Application for Admission Pro Hac Vice of Seth Shannon. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 43 MOTION Leave to Proceed Without Local Counsel re #41 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208042) filed by State of Delaware (Attachments: #1 Proposed Order Order Granting Leave) (Devanney, Katherine)
September 25, 2020 Filing 42 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208389) filed by South Carolina Attorney General (Attachments: #1 Motion to Proceed without Local Counsel, #2 Proposed Order) (Williams, Jonathan)
September 25, 2020 Filing 41 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208042) filed by State of Delaware (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order Order Approving Admission) (Devanney, Katherine)
September 25, 2020 Filing 40 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208138) filed by Mississippi Secretary of State (Attachments: #1 Letter of Good Standing, #2 Motion for Leave to Proceed, #3 Proposed Order, #4 Proposed Order) (Shannon, Seth)
September 25, 2020 Opinion or Order Filing 39 ELECTRONIC ORDER granting #36 Application for Admission Pro Hac Vice of Adam J. Kenworthy. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 38 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208046) filed by Dana Nessel (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order Proposed Order) (Levin, Aaron) (Main Document 38 replaced on 9/25/2020) (ctf).
September 25, 2020 Filing 37 Motion for Leave to Proceed Without Local Counsel filed by Douglas M Ommen (Kenworthy, Adam) Modified on 9/25/2020 to correct title. (ctf).
September 25, 2020 Filing 36 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208049) filed by Douglas M Ommen (Attachments: #1 Additional Page(s) Certificate of good standing) (Kenworthy, Adam)
September 25, 2020 Opinion or Order Filing 35 ELECTRONIC ORDER granting #33 Application for Admission Pro Hac Vice of Alissa N. Berger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 34 Motion for Leave to Proceed Without Local Counsel filed by New Mexico Securities Division (Attachments: #1 Proposed Order) (Berger, Alissa) Modified on 9/25/2020 to correct title (ctf).
September 25, 2020 Filing 33 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11208055) filed by New Mexico Securities Division (Attachments: #1 Affidavit(s), #2 Proposed Order) (Berger, Alissa)
September 25, 2020 Opinion or Order Filing 32 ELECTRONIC ORDER granting #30 Application for Admission Pro Hac Vice of Robert Fagnant. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 31 ELECTRONIC ORDER granting #29 Application for Admission Pro Hac Vice of James P. Urban. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 30 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11207935) filed by Oklahoma Department of Securities (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Additional Page(s) Motion for Leave to Proceed, #3 Proposed Order Order Granting Leave, #4 Proposed Order Order for Admission) (Fagnant, Robert)
September 25, 2020 Filing 29 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11207813) filed by Commissioner of the Tennessee Department of Commerce and Insurance (Attachments: #1 Certificate of Good Standing, #2 Motion to Proceed without Local Counsel, #3 Proposed Order) (Urban, James)
September 25, 2020 Opinion or Order Filing 28 ELECTRONIC ORDER granting #22 Motion for Leave to File. Accordingly, Plaintiffs' Memorandum in Support of Plaintiffs' Emergency Ex Parte Motion for a Statutory Restraining Order (Doc. 5) may exceed the 25 page limitation by 19 pages. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 27 ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Anne W. Gunter. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Opinion or Order Filing 26 ELECTRONIC ORDER granting #24 Application for Admission Pro Hac Vice of Jeffery A. "Beau" Brown, Jr. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/25/2020) (chmb)
September 25, 2020 Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11207735) filed by Alabama Securities Commission (Gunter, Anne)
September 25, 2020 Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11207675) filed by Alabama Securities Commission (Brown, Jeffrey)
September 24, 2020 Filing 23 NOTICE TO LIFT SEAL filed by Commodity Futures Trading Commission, et al (svc)
September 24, 2020 Filing 22 MOTION for Leave to File Memorandum in Support of Plaintiffs Emergency Ex Parte Motion for a Statutory Restraining Order filed by Commodity Futures Trading Commission, et al (svc)
September 23, 2020 Opinion or Order Filing 21 ORDER: It is ordered that the #3 Motion Temporarily Seal the Entire Docket and File is granted and that the entire docket and file in this matter shall be sealed. It is further hereby ordered that the seal shall expire upon the earlier of (l) seventy-two hours following the issuance of the ex parte restraining order sought by Plaintiffs or (2) Plaintiffs provide the court with Notice that Defendants have been served with the Complaint. (Ordered by Judge Sam A. Lindsay on 9/23/2020) (svc)
September 23, 2020 Opinion or Order Filing 20 ORDER denying without prejudice #11 MOTION for Leave to File a Brief in Excess of the Page Limit in Support of Its Motion for An Emergency Ex Parte Statutory Restraining Order (Ordered by Judge Sam A. Lindsay on 9/23/2020) (svc)
September 23, 2020 Opinion or Order Filing 19 ELECTRONIC ORDER granting #7 Motion for Leave to Proceed Without Local Counsel. Accordingly, Plaintiff may proceed without designating local counsel in this case. (Ordered by Judge Sam A. Lindsay on 9/23/2020) (chmb)
September 23, 2020 Opinion or Order Filing 18 ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Richard P. Foelber. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/23/2020) (chmb)
September 23, 2020 Opinion or Order Filing 17 ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of JonMarc Buffa. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/23/2020) (chmb)
September 22, 2020 Opinion or Order Filing 16 Ex Parte ORDER GRANTING PLAINTIFFS' EMERGENCY EX PARTE MOTION FOR STATUTORY RESTRAINING ORDER, APPOINTMENT OF RECEIVER, AND OTHER EQUITABLE RELIEF: Plaintiffs' motion for a preliminary injunction and extending the appointment of the Temporary Receiver is set for hearing on 10/6/2020 at 10:00 AM before Judge Sam A. Lindsay. This Order shall remain in full force and effect until 10/6/2020 at 5:00 p.m., unless extended further by order of this Court pursuant to Fed. R. Civ. P. 65(b)(2), and this Court retains jurisdiction of this matter for all purposes. (Ordered by Judge David C Godbey on 9/22/2020) (ctf)
September 22, 2020 Filing 15 PLAINTIFFS' RECOMMENDATION FOR A TEMPORARY RECEIVER filed by Commodity Futures Trading Commission. (ctf)
September 22, 2020 Filing 14 BENCH MEMORANDUM filed by All Plaintiffs. (axm)
September 22, 2020 Filing 13 Summons Issued as to Barrick Capital Inc, Simon Batashvili, Chase Metals Inc, Chase Metals LLC, Lucas Thomas Erb, TMTE Inc, Tower Equity LLC. (axm)
September 22, 2020 Filing 12 Ex Parte Appendix in Support re: #5 Sealed Brief/Memorandum in Supportto #4 Emergency Motion for Statutory Restraining Order filed by State of Texas, South Carolina Secretary of State, State of Wisconsin, California Commissioner of Business Oversight, Washington State Department of Financial Institutions, Commodity Futures Trading Commission, State of Hawaii, Mississippi Secretary of State, State of Florida, Office of the Nevada Secretary of State, Oklahoma Department of Securities, West Virginia Securities Commission, The People of the State of New York, Douglas M Ommen, State of Maryland, Iowa Insurance Commissioner, Office of Financial Regulation, Idaho Department of Finance, Division of Insurance, Arizona Corporation Commission, Office of the Kansas Securities Commissioner, State of Delaware, South Dakota Department of Labor & Regulation, Kentucky Department of Financial Institutions, New Mexico Securities Division, Office of the Attorney General and State of Florida, Indiana Securities Commissioner, Maine Securities Administrator, Colorado Securities Commissioner, Alabama Securities Commission, Attorney General of the State of New York, Nebraska Department of Banking & Finance, Commissioner of the Tennessee Department of Commerce and Insurance, Securities Enforcement Branch, Office of the Georgia Secretary of State, South Carolina Attorney General, Dana Nessel, State of Alaska. (Attachments: #1 Additional Page(s) 239-9 - 382, #2 Additional Page(s) 383 - 500, #3 Additional Page(s) 501 - 586, #4 Additional Page(s) 587 - 691, #5 Additional Page(s) 692 - 779, #6 Additional Page(s) 780 - 1036, #7 Additional Page(s) 1037 - 1125, #8 Additional Page(s) 1126 - 1235, #9 Additional Page(s) 1236 - 1321, #10 Additional Page(s) 1322 - 1423, #11 Additional Page(s) 1424 - 1492) (axm)
September 22, 2020 Filing 11 MOTION for Leave to File a Brief in Excess of the Page Limit in Support of Its Motion for An Emergency Ex Parte Statutory Restraining Order filed by Alabama Securities Commission, Arizona Corporation Commission, Attorney General of the State of New York, California Commissioner of Business Oversight, Colorado Securities Commissioner, Commissioner of the Tennessee Department of Commerce and Insurance, Commodity Futures Trading Commission, Division of Insurance, Idaho Department of Finance, Indiana Securities Commissioner, Iowa Insurance Commissioner, Kentucky Department of Financial Institutions, Maine Securities Administrator, Mississippi Secretary of State, Nebraska Department of Banking & Finance, Dana Nessel, New Mexico Securities Division, Office of Financial Regulation, Office of the Attorney General and State of Florida, Office of the Georgia Secretary of State, Office of the Kansas Securities Commissioner, Office of the Nevada Secretary of State, Oklahoma Department of Securities, Douglas M Ommen, Securities Enforcement Branch, South Carolina Attorney General, South Carolina Secretary of State, South Dakota Department of Labor & Regulation, State of Alaska, State of Delaware, State of Florida, State of Hawaii, State of Maryland, State of Texas, State of Wisconsin, The People of the State of New York, Washington State Department of Financial Institutions, West Virginia Securities Commission. (Attachments: #1 Proposed Order) (axm)
September 22, 2020 Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Richard P. Foelber (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Commodity Futures Trading Commission. (Attachments: #1 Proposed Order) (axm)
September 22, 2020 Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney JonMarc Buffa (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Commodity Futures Trading Commission. (axm) (Additional attachment(s) added on 9/22/2020: #1 Proposed Order) (axm).
September 22, 2020 Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commodity Futures Trading Commission. (axm)
September 22, 2020 Filing 7 MOTION for Leave to Proceed Without Local Counsel filed by Commodity Futures Trading Commission. (axm)
September 22, 2020 Filing 6 Ex Parte Certification of JonMarc P Buffa in Support of Ex Parte Emergency Motion for Statutory Restraining Order filed by Commodity Futures Trading Commission. (axm)
September 22, 2020 Filing 5 Ex Parte Brief/Memorandum in Support re: #4 Ex Parte Emergency Motion for Statutory Restraining Order filed by Alabama Securities Commission, Arizona Corporation Commission, Attorney General of the State of New York, California Commissioner of Business Oversight, Colorado Securities Commissioner, Commissioner of the Tennessee Department of Commerce and Insurance, Commodity Futures Trading Commission, Division of Insurance, Idaho Department of Finance, Indiana Securities Commissioner, Iowa Insurance Commissioner, Kentucky Department of Financial Institutions, Maine Securities Administrator, Mississippi Secretary of State, Nebraska Department of Banking & Finance, Dana Nessel, New Mexico Securities Division, Office of Financial Regulation, Office of the Attorney General and State of Florida, Office of the Georgia Secretary of State, Office of the Kansas Securities Commissioner, Office of the Nevada Secretary of State, Oklahoma Department of Securities, Douglas M Ommen, Securities Enforcement Branch, South Carolina Attorney General, South Carolina Secretary of State, South Dakota Department of Labor & Regulation, State of Alaska, State of Delaware, State of Florida, State of Hawaii, State of Maryland, State of Texas, State of Wisconsin, The People of the State of New York, Washington State Department of Financial Institutions, West Virginia Securities Commission. (axm)
September 22, 2020 Filing 4 Ex Parte Emergency Motion for Statutory Restraining Order filed by Commodity Futures Trading Alabama Securities Commission, Arizona Corporation Commission, Attorney General of the State of New York, California Commissioner of Business Oversight, Colorado Securities Commissioner, Commissioner of the Tennessee Department of Commerce and Insurance, Commodity Futures Trading Commission, Division of Insurance, Idaho Department of Finance, Indiana Securities Commissioner, Iowa Insurance Commissioner, Kentucky Department of Financial Institutions, Maine Securities Administrator, Mississippi Secretary of State, Nebraska Department of Banking & Finance, Dana Nessel, New Mexico Securities Division, Office of Financial Regulation, Office of the Attorney General and State of Florida, Office of the Georgia Secretary of State, Office of the Kansas Securities Commissioner, Office of the Nevada Secretary of State, Oklahoma Department of Securities, Douglas M Ommen, Securities Enforcement Branch, South Carolina Attorney General, South Carolina Secretary of State, South Dakota Department of Labor & Regulation, State of Alaska, State of Delaware, State of Florida, State of Hawaii, State of Maryland, State of Texas, State of Wisconsin, The People of the State of New York, Washington State Department of Financial Institutions, West Virginia Securities Commission. (Attachments: #1 Proposed Order) (axm)
September 22, 2020 Filing 3 MOTION to Temporarily Seal File filed by Commodity Futures Trading Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (axm)
September 22, 2020 Filing 2 COMPLAINT against TMTE Inc, Barrick Capital Inc, Simon Batashvili, Chase Metals Inc, Chase Metals LLC, Lucas Thomas Erb, Tower Equity LLC filed by Arizona Corporation Commission, Alabama Securities Commission, Arizona Corporation Commission, Attorney General of the State of New York, California Commissioner of Business Oversight, Colorado Securities Commissioner, Commissioner of the Tennessee Department of Commerce and Insurance, Commodity Futures Trading Commission, Division of Insurance, Idaho Department of Finance, Indiana Securities Commissioner, Iowa Insurance Commissioner, Kentucky Department of Financial Institutions, Maine Securities Administrator, Mississippi Secretary of State, Nebraska Department of Banking & Finance, Dana Nessel, New Mexico Securities Division, Office of Financial Regulation, Office of the Attorney General and State of Florida, Office of the Georgia Secretary of State, Office of the Kansas Securities Commissioner, Office of the Nevada Secretary of State, Oklahoma Department of Securities, Douglas M Ommen, Securities Enforcement Branch, South Carolina Attorney General, South Carolina Secretary of State, South Dakota Department of Labor & Regulation, State of Alaska, State of Delaware, State of Florida, State of Hawaii, State of Maryland, State of Texas, State of Wisconsin, The People of the State of New York, Washington State Department of Financial Institutions, West Virginia Securities Commission. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (axm)
September 22, 2020 Filing 1 New Case Notes: A filing fee is not due for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm)

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Search for this case: Commodity Futures Trading Commission et al v. TMTE Inc et al
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Defendant: TMTE Inc
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Defendant: Lucas Thomas Erb
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Defendant: Lucas Asher
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Defendant: Luke Asher
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Defendant: Simon Batashvili
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Defendant: Metals.com
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Defendant: Chase Metals LLC
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Defendant: Tower Equity LLC
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Defendant: Barrick Capital Inc
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Defendant: Chase Metals Inc
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Plaintiff: Office of the Attorney General and State of Florida Office of Financial Regulation
Represented By: Victoria Ann Butler
Represented By: Albert Gregory Melchior
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Plaintiff: State of Texas
Represented By: Lea N Brigtsen
Represented By: Christina Cella
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Plaintiff: State of Florida
Represented By: Victoria Ann Butler
Represented By: Albert Gregory Melchior
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Plaintiff: Dana Nessel
Represented By: Crystal Utley Secoy
Represented By: Aaron W Levin
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Plaintiff: South Dakota Department of Labor & Regulation
Represented By: Clayton Grueb
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Plaintiff: Douglas M Ommen
Represented By: Adam Joseph Kenworthy
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Plaintiff: Mississippi Secretary of State
Represented By: Seth Whittaker Shannon
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Plaintiff: Alabama Securities Commission
Represented By: Jeffrey Adrian Brown, Jr
Represented By: Anne Withers Gunter
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Plaintiff: Arizona Corporation Commission
Represented By: Christopher Alexander Nichols
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Plaintiff: Commissioner of the Tennessee Department of Commerce and Insurance
Represented By: James Patrick Urban
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Plaintiff: Office of the Georgia Secretary of State
Represented By: Ronald J Stay
Represented By: Logan B Winkles
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Plaintiff: State of Maryland
Represented By: Max F Brauer
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Plaintiff: Indiana Securities Commissioner
Represented By: Jefferson Stewart Garn
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Plaintiff: State of Alaska
Represented By: John Hassell Haley
Represented By: Robert Schmidt
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Plaintiff: West Virginia Securities Commission
Represented By: Michael Benjamin Nusbaum
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Plaintiff: State of Wisconsin
Represented By: Shannon A Conlin
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Plaintiff: Attorney General of the State of New York
Represented By: Tatyana Trakht
Represented By: Peter Pope
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Plaintiff: Office of the Nevada Secretary of State
Represented By: Erin Houston
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Plaintiff: Oklahoma Department of Securities
Represented By: Robert Edward Fagnant
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Plaintiff: Colorado Securities Commissioner
Represented By: Janna K. Fischer
Represented By: Robert William Finke
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Plaintiff: Washington State Department of Financial Institutions
Represented By: Ian McDonald
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Plaintiff: Commodity Futures Trading Commission
Represented By: JonMarc Phillip Buffa
Represented By: Gregg D Bernstein
Represented By: Richard P Foelber
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Plaintiff: South Carolina Attorney General
Represented By: Shannon A Wiley
Represented By: Jonathan Blanton Williams
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Plaintiff: State of Delaware
Represented By: Katherine M Devanney
Represented By: Jillian Lazar
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Plaintiff: Idaho Department of Finance
Represented By: Loren Messerly
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Plaintiff: Nebraska Department of Banking & Finance
Represented By: Joshua Rand Shasserre
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Plaintiff: The People of the State of New York
Represented By: Tatyana Trakht
Represented By: Peter Pope
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Plaintiff: South Carolina Secretary of State
Represented By: Shannon A Wiley
Represented By: Jonathan Blanton Williams
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Plaintiff: New Mexico Securities Division
Represented By: Alissa Nicole Berger
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Plaintiff: California Commissioner of Business Oversight
Represented By: Sean Rooney
Represented By: Mary Ann Smith
Represented By: Danielle A Stoumbos
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Plaintiff: Office of the Kansas Securities Commissioner
Represented By: Thomas E Knutzen
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Plaintiff: Division of Insurance
Represented By: Clayton Grueb
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Plaintiff: Maine Securities Administrator
Represented By: Gregg D Bernstein
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Plaintiff: State of Hawaii
Represented By: Patricia Moy
Represented By: Rayni Mayuri Nakamura-Watanabe
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Plaintiff: Kentucky Department of Financial Institutions
Represented By: Catherine Falconer
Represented By: Gary Allan Stephens
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Plaintiff: Securities Enforcement Branch
Represented By: Patricia Moy
Represented By: Rayni Mayuri Nakamura-Watanabe
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Receiver: Kelly Crawford
Represented By: Peter C Lewis
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