Commodity Futures Trading Commission v. EOX Holdings LLC et al
| Commodity Futures Trading Commission |
| EOX Holdings LLC and Andrew Gizienski |
| 4:2019cv02901 |
| August 6, 2019 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Securities/Commodities |
| None |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 76
DOCKET CONTROL ORDER. Pltf Expert Report due by 8/14/2020. Deft Expert Report due by 9/25/2020. Discovery due by 10/30/2020. Mediation due by 6/26/2020. Non-Dispositive Motion Filing due by 11/6/2020. Joint Pretrial Order due by 12/4/2020. Docket Call set for 12/11/2020 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 75
MINUTE ENTRY ORDER: Initial Pretrial and Scheduling Conference held. Appearances: Candice Haan, Conrad Joseph Coutinho, William J. Nissen, Christopher Y Lee. Ct Reporter: K. Miller. (Defendants' Amended Initial Disclosures due by 10/11/2019.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 74
MEMORANDUM OPINION AND ORDER denying #23 Motion to Dismiss and for Summary Judgment (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 73
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Commodity Futures Trading Commission, filed. (Attachments: #1 Appendix Defendants' Initial Disclosures, #2 Appendix Defendants' Amended Initial Disclosures, #3 Appendix Plaintiff's Proposed Discovery Schedule, #4 Appendix Defendants' Proposed Discovery Schedule)(Haan, Candice)
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Filing 72
CERTIFICATE OF INTERESTED PARTIES by EOX Holdings LLC, Andrew Gizienski, filed.(Nissen, William)
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Filing 71
CERTIFICATE OF INTERESTED PARTIES by Commodity Futures Trading Commission, filed.(Haan, Candice)
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Filing 70
Advisement of Intent by EOX Holdings LLC, Andrew Gizienski, filed.(Nissen, William)
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Filing 69
ORDER denying #65 Expedited Motion by Defendants to Postpone the Pretrial Conference until after the Court Rules on Defendants' Motion to Dismiss and For Summary Judgment on Counts I and II of the Complaint) (Advisement of Intent due by 9/10/2019.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 68
RESPONSE in Opposition to #65 MOTION for Continuance of Pretrial (Expedited Motion by Defendants to Postpone the Pretrial Conference until after the Court Rules on Defendants' Motion to Dismiss and For Summary Judgment on Counts I and II of the Complaint), filed by Commodity Futures Trading Commission. (Attachments: #1 Exhibit Boltex v. ULMA, #2 Exhibit Stanissis v. Dyncorp, #3 Exhibit Glazers v. Klein, #4 Proposed Order)(Haan, Candice)
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Filing 67
ORDER granting #64 Motion for William J. Nissen to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 66
ORDER granting #63 Motion for Christopher Y. Lee to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 65
MOTION for Continuance of Pretrial (Expedited Motion by Defendants to Postpone the Pretrial Conference until after the Court Rules on Defendants' Motion to Dismiss and For Summary Judgment on Counts I and II of the Complaint) by EOX Holdings LLC, Andrew Gizienski, filed. Motion Docket Date 9/20/2019. (Attachments: #1 Proposed Order)(Coutinho, Conrad)
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Filing 64
MOTION for William J. Nissen to Appear Pro Hac Vice by EOX Holdings LLC, Andrew Gizienski, filed. Motion Docket Date 9/20/2019. (Coutinho, Conrad)
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Filing 63
MOTION for Christopher Y. Lee to Appear Pro Hac Vice by EOX Holdings LLC, Andrew Gizienski, filed. Motion Docket Date 9/20/2019. (Coutinho, Conrad)
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Filing 62
NOTICE of Appearance by Conrad Coutinho on behalf of EOX Holdings LLC, Andrew Gizienski, filed. (Coutinho, Conrad)
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Filing 61
ORDER granting #58 MOTION for Daniel R. Burstein to Withdraw as Attorney, Attorney Daniel Burstein terminated (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 60
PROPOSED ORDER re: #58 MOTION for Daniel R. Burstein to Withdraw as Attorney, filed.(Haan, Candice)
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Filing 59
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/27/2019 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 58
MOTION for Daniel R. Burstein to Withdraw as Attorney by Commodity Futures Trading Commission, filed. Motion Docket Date 9/17/2019. (Haan, Candice)
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Filing 57
ORDER granting #56 Motion for Robert Thomas Howell III to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 56
MOTION for Robert Howell to Appear Pro Hac Vice by Commodity Futures Trading Commission, filed. Motion Docket Date 9/12/2019. (Haan, Candice)
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Filing 55
ORDER granting #54 Motion for Candice Haan to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Filing 54
MOTION for Candice Haan to Appear Pro Hac Vice by Commodity Futures Trading Commission, filed. Motion Docket Date 9/9/2019. (mlramirez, 5)
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Filing 53
Case transferred in from New York Southern. Case Number 1:18-cv-08890; certified copy of transfer order, certified docket sheet, and transfer letter received
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Texas (ama)
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Filing 52
ORDER: granting #20 Motion to Transfer Case; terminating #23 Motion to Dismiss; terminating #23 Motion for Summary Judgment. Defendants' motions to transfer venue to the Southern District of Texas, (ECF No. 20), is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 22, accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 7/31/2019) (ama) Transmission to Office of the Clerk of Court for processing. *** Party Andrew Gizienski terminated. Modified on 7/31/2019 (ama).
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Filing 51
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/11/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 50
TRANSCRIPT of Proceedings re: ARGUMENT held on 4/11/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019.(McGuirk, Kelly)
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Filing 49
MEMO ENDORSEMENT on re: #48 Letter filed by EOX Holdings LLC, Andrew Gizienski. ENDORSEMENT: The status conference is adjourned from May 9, 2019 to September 5, 2019 at 9:45 a.m. (Status Conference set for 9/5/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/6/2019) (jwh)
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Filing 48
LETTER addressed to Judge George B. Daniels from William J. Nissen dated 05/03/2019 re: Requesting adjournment of May 9, 2019 status conference. Document filed by EOX Holdings LLC, Andrew Gizienski.(Lee, Christopher)
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Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 4/11/2019 re: #23 MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski. MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants. filed by EOX Holdings LLC, Andrew Gizienski, #20 MOTION to Transfer Case . filed by EOX Holdings LLC, Andrew Gizienski, ( Status Conference set for 5/9/2019 at 09:45 AM before Judge George B. Daniels.). Plaintiff Counsel: Robert Thomas Howell III, Daniel BursteinDefense Counsel: William J. Nissen, Christopher Y. Lee and Court Reporter present. (Vega, Elizabeth)
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Filing 47
DECLARATION of Sneha Bagri in Support re: #20 MOTION to Transfer Case .. Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 46
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski. MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants. . Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 45
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #47 Declaration) - DECLARATION of Sneha Bagri in Support re: #20 MOTION to Transfer Case .. Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William) Modified on 3/8/2019 (db).
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Filing 44
DECLARATION of William J. Nissen in Support re: #20 MOTION to Transfer Case .. Document filed by EOX Holdings LLC, Andrew Gizienski. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F)(Nissen, William)
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Filing 43
DECLARATION of Andrew Gizienski in Support re: #20 MOTION to Transfer Case .. Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 42
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Transfer Case . . Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 41
MEMO ENDORSEMENT on re: #40 Letter filed by EOX Holdings LLC, Andrew Gizienski. ENDORSEMENT: The March 14, 2019 initial conference is adjourned. (Signed by Judge George B. Daniels on 3/5/2019) (jwh)
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Filing 40
LETTER addressed to Judge George B. Daniels from William J. Nissen dated March 4, 2019 re: Requesting Confirmation of Adjournment of March 14, 2019 Initial Pretrial Conference. Document filed by EOX Holdings LLC, Andrew Gizienski.(Nissen, William)
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Filing 39
ORDER: In light of Defendants' February 22, 2019 letter requesting adjournment of the initial pretrial conference, (ECF No. 38), oral argument on Defendants' Joint Motion to Transfer, (ECF No. 20), and Motion to Dismiss and for Summary Judgment, (ECF No. 23), will be held on April 11, 2019 at 10:30 A.M. SO ORDERED. (Oral Argument set for 4/11/2019 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/25/2019) (ne)
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Filing 38
LETTER addressed to Judge George B. Daniels from William J. Nissen dated February 22, 2019 re: Request to Adjourn March 14, 2019 Initial Pretrial Conference. Document filed by EOX Holdings LLC, Andrew Gizienski.(Nissen, William)
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Filing 37
MEMORANDUM OF LAW in Opposition re: #20 MOTION to Transfer Case . . Document filed by Commodity Futures Trading Commission. (Attachments: #1 Affidavit of Heather Dasso)(Burstein, Daniel)
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Filing 36
RESPONSE re: #25 Rule 56.1 Statement . Document filed by Commodity Futures Trading Commission. (Burstein, Daniel)
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Filing 35
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski. MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants. . Document filed by Commodity Futures Trading Commission. (Attachments: #1 Affidavit of Heather Dasso)(Burstein, Daniel)
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Filing 34
MEMO ENDORSEMENT on re: #33 Letter filed by Commodity Futures Trading Commission. ENDORSEMENT: The conference is adjourned to March 14, 2019 at 9:30 a.m. (Set Deadlines/Hearing as to #23 MOTION to Dismiss; #20 MOTION to Transfer Case. Initial Conference set for 3/14/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/29/2019) (jwh)
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Filing 33
LETTER addressed to Judge George B. Daniels from Daniel Burstein dated 1/28/2019 re: Request to Reset Briefing Deadlines and Continue Initial Pretrial Conference. Document filed by Commodity Futures Trading Commission.(Burstein, Daniel)
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter filed by Commodity Futures Trading Commission. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 1/3/2019) (rro) Modified on 7/1/2019 (rro).
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Filing 31
LETTER addressed to Judge George B. Daniels from Daniel R. Burstein dated 12/26/2018 re: Stay of Deadlines. Document filed by Commodity Futures Trading Commission.(Burstein, Daniel)
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter. ENDORSEMENT: The initial conference is adjourned to February 28, 2019 at 9:30 a.m. (Set Deadlines/Hearing as to #23 MOTION to Dismiss; #20 MOTION to Transfer Case: Responses due by 1/11/2019. Replies due by 2/1/2019. Initial Conference set for 2/28/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/6/2018) (jwh)
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Filing 29
CONSENT LETTER addressed to Judge George B. Daniels from Daniel R. Burstein dated 12/06/2018 re: Request for Extension of Time. Document filed by Commodity Futures Trading Commission.(Burstein, Daniel)
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE: granting #4 Motion for Daniel R. Burstein to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 12/4/2018) (ks)
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Filing 27
DECLARATION of Andrew Gizienski in Support re: #23 MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski. MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants., #20 MOTION to Transfer Case .. Document filed by EOX Holdings LLC, Andrew Gizienski. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nissen, William)
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Filing 26
DECLARATION of Steven Valji in Support re: #23 MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski. MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants.. Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 25
RULE 56.1 STATEMENT. Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 24
JOINT MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski. MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants. . Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 23
MOTION to Dismiss Counts I and II of the Complaint as to Both Defendants and All Counts Against Gizienski., MOTION for Summary Judgment on Counts I and II of the Complaint as to Both Defendants. Document filed by EOX Holdings LLC, Andrew Gizienski.(Nissen, William)
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Filing 22
DECLARATION of William J. Nissen in Support re: #20 MOTION to Transfer Case .. Document filed by EOX Holdings LLC, Andrew Gizienski. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nissen, William)
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Filing 21
JOINT MEMORANDUM OF LAW in Support re: #20 MOTION to Transfer Case . . Document filed by EOX Holdings LLC, Andrew Gizienski. (Nissen, William)
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Filing 20
MOTION to Transfer Case . Document filed by EOX Holdings LLC, Andrew Gizienski.(Lee, Christopher)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE FOR WILLIAM J. NISSEN granting #15 Motion for William J. Nissen to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 11/13/2018) (rro)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE FOR CHRISTOPHER Y. LEE granting #16 Motion for Christopher Y. Lee to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 11/13/2018) (rro)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent OTC Global Holdings L.P. for EOX Holdings LLC. Document filed by EOX Holdings LLC.(Muenz, Jonathan)
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Filing 16
MOTION for Christopher Y. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15891489. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EOX Holdings LLC, Andrew Gizienski. (Attachments: #1 Declaration of Christopher Y. Lee in Support of Motion for Admission Pro Hac Vice, #2 Illinois Certificate of Good Standing, #3 Text of Proposed Order)(Lee, Christopher)
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Filing 15
MOTION for William J. Nissen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15891411. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EOX Holdings LLC, Andrew Gizienski. (Attachments: #1 Declaration of William J. Nissen in Support of Motion for Admission Pro Hac Vice, #2 Illinois Certificate of Good Standing, #3 Text of Proposed Order)(Nissen, William)
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Filing 14
NOTICE OF APPEARANCE by Jonathan Warren Muenz on behalf of EOX Holdings LLC, Andrew Gizienski. (Muenz, Jonathan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for William J. Nissen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15891411. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Christopher Y. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15891489. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Robert T. Howell to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 10/29/2018) (jwh)
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Filing 12
MOTION for Robert Thomas Howell III 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 Declaration in support, #2 Proposed order)(Howell, Robert)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Robert Thomas Howell III 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. (bcu)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Andrew Gizienski waiver sent on 10/2/2018, answer due 12/3/2018. Document filed by Commodity Futures Trading Commission. (Burstein, Daniel)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. EOX Holdings LLC waiver sent on 10/2/2018, answer due 12/3/2018. Document filed by Commodity Futures Trading Commission. (Burstein, Daniel)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Andrew Gizienski. (pc)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to EOX Holdings LLC. (pc)
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Filing 7
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/24/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 10/1/2018) (jwh) Modified on 10/2/2018 (jwh).
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Gizienski, re: #1 Complaint. Document filed by Commodity Futures Trading Commission. (Burstein, Daniel)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to EOX Holdings LLC, re: #1 Complaint. Document filed by Commodity Futures Trading Commission. (Burstein, Daniel)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne)
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Magistrate Judge Katharine H. Parker 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: #http://nysd.uscourts.gov/forms.php. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Burstein. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York; Fee Status code pd (paid). The following corrections have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff); the County code has been modified to XX Out of State; the Fee Status code has been modified to none (no fee required). (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Burstein to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reasons: the PDF attached to the docket entry for the issuance of summons is not correct; each summons request must be filed seperately; summons requests can not be filed as attachments. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Filing 4
MOTION for Daniel Burstein 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 Declaration, #2 Proposed Order)(Burstein, Daniel)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to EOX Holdings LLC and Andrew Gizienski, re: #1 Complaint. Document filed by Commodity Futures Trading Commission. (Attachments: #1 Summons, #2 Summons)(Burstein, Daniel) Modified on 10/1/2018 (pne).
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Filing 2
CIVIL COVER SHEET filed. (Burstein, Daniel)
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Filing 1
COMPLAINT against EOX Holdings LLC, Andrew Gizienski. Document filed by Commodity Futures Trading Commission.(Burstein, Daniel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Daniel Burstein 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. (wb)
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