KALSHIEX, LLC v. FLAHERTY et al

Federal Civil Lawsuit New Jersey District Court, Case No. 1:25-cv-02152-ESK-MJS
District Judge Edward S. Kiel, presiding
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District Judge Edward S. Kiel
Last Updated November 21, 2025 at 12:20 PM EST (3.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo KALSHIEX, LLC, Plaintiff

Represented by Milbank, Tweed, Hadley & McCloy LLP

Name Phone Fax E-Mail
Space GURBIR S. GREWAL +1 212 530 5775 +1 718 254 6481 ggrewal@milbank.com
v.
No Logo MARY JO FLAHERTY, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space EMILY MARIE BISNAUTH +1 609 777 4881 emily.bisnauth@law.njoag.gov
Space STEPHEN EHRLICH +1 609 250 8412 stephen.ehrlich@njoag.gov
Space LIZA FLEMING +1 862 360 5800 liza.fleming@njoag.gov
Space VIVEK N. MEHTA +1 609 292 4254 +1 609 292 5649 Vivek.Mehta@dol.lps.state.nj.us
No Logo MATTHEW J. PLATKIN, Defendant

Represented by Office of the New Jersey Attorney General

Name Phone Fax E-Mail
Space EMILY MARIE BISNAUTH +1 609 777 4881 emily.bisnauth@law.njoag.gov
Space STEPHEN EHRLICH +1 609 250 8412 stephen.ehrlich@njoag.gov
Space LIZA FLEMING +1 862 360 5800 liza.fleming@njoag.gov

Represented by STATE OF NEW JERSEY

Name Phone Fax E-Mail
Space VIVEK N. MEHTA +1 609 292 4254 +1 609 292 5649 Vivek.Mehta@dol.lps.state.nj.us
Other Parties
No Logo CASINO ASSOCIATION OF NEW JERSEY, INC., Amicus

Represented by Unknown Firm

Name Phone Fax E-Mail
Space ALEX LOOMIS +1 617 712 7309 alexloomis@quinnemanuel.com

Represented by Marino Tortorella, PC

Name Phone Fax E-Mail
Space Kevin H. Marino +1 973 824 9300 +1 973 824 8425 kmarino@khmarino.com
Space John David Tortorella +1 973 824 9300 +1 973 824 8425 jtortorella@khmarino.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Derek L. Shaffer +1 202 538 8123 +1 202 538 8100 derekshaffer@quinnemanuel.com
Attributes
Office Camden
Filed 3/28/2025
Jury Demand None
Demand
Nature of Suit 950 - Other Statutes: Constitutionality of State Statutes
Cause Section 7 U.S.C. § 6(b) Federal Commodity Exchange Regulation
Jurisdiction Federal Question
Disposition
County Camden
Terminated
Origin 1
Reopened
Lead Case
Related Case
Other Court Case 25-1922[Third Circuit]
Defendant Custody Status
Flags APPEAL,STAYED
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 37 Filed: 8/6/2025, Entered: 8/6/2025 Notice of change of address
NOTICE of Change of Address by GURBIR S. GREWAL (GREWAL, GURBIR)
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Legal Document (Payment Possibly Required) 36 Filed: 7/17/2025, Entered: 7/17/2025 Notice of Pro Hac Vice to Receive NEF
Notice of Request by Pro Hac Vice Derek L. Shaffer to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-16475768.) (Attachments: # (1) Certificate of Service)(TORTORELLA, JOHN)
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Legal Document (Payment Possibly Required) 35 Filed: 7/17/2025, Entered: 7/17/2025 Notice of Pro Hac Vice to Receive NEF
Notice of Request by Pro Hac Vice Alex Loomis to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-16475752.) (Attachments: # (1) Certificate of Service)(TORTORELLA, JOHN)
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Blank  Filed: None, Entered: None Notice of Pro Hac Vice counsel added
Pro Hac Vice counsel, ALEX LOOMIS, DEREK L SHAFFER for CASINO ASSOCIATION OF NEW JERSEY, INC., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (in-dnw, )
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Legal Document (Payment Possibly Required) 34 Filed: 6/27/2025, Entered: 6/27/2025 Order on Motion for Leave to AppearCourt Filing
ORDER granting [24] Motion for Leave to Appear Pro Hac Vice as to Derek L. Shaffer, Esquire and Alex H. Loomis, Esquire. Signed by Magistrate Judge Matthew J. Skahill on 06/27/2025. (aji, )
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Blank 33 Filed: 6/25/2025, Entered: 6/25/2025 Order on Motion to withdraw as attorneyCourt Filing
Text Order: The motion to withdraw [ECF No. 32] is GRANTED. So Ordered by Magistrate Judge Matthew J. Skahill on 6/25/25.
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Legal Document (Payment Possibly Required) 32 Filed: 6/6/2025, Entered: 6/6/2025, Terminated: 6/25/2025 Motion to withdraw as attorney
MOTION to Withdraw as Attorney Mackenzie Austin by KALSHIEX, LLC. (GREWAL, GURBIR)
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Blank  Filed: None, Entered: None Set/Reset Motion and R and R Deadlines/Hearings
Set Deadlines as to [32] MOTION to Withdraw as Attorney Mackenzie Austin. Motion set for 7/7/2025 before Magistrate Judge Matthew J. Skahill. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (js)
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Legal Document (Payment Possibly Required) 31 Filed: 5/21/2025, Entered: 5/21/2025 Order on Motion to stayCourt Filing
ORDER Granting the parties' Joint [30] Motion to Stay; all proceedings in this action, including all deadlines, any discovery, pre-trial motions, and trial, shall be stayed pending further order of the Court; directing the parties to file a joint status report within 21 days after the issuance of the Third Circuit's mandate in Defendants' appeal. Signed by Judge Edward S. Kiel on 5/21/2025. (sms2)
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Legal Document (Payment Possibly Required) 30 Filed: 5/20/2025, Entered: 5/20/2025, Terminated: 5/21/2025 Motion To Stay
Joint MOTION to Stay Proceedings by MARY JO FLAHERTY, MATTHEW J. PLATKIN. (Attachments: # (1) Text of Proposed Order)(FLEMING, LIZA)
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Blank  Filed: None, Entered: None Set/Reset Motion and R and R Deadlines/Hearings
Set Deadlines as to [30] Joint MOTION to Stay Proceedings. Motion set for 6/16/2025 before Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kes, )
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Legal Document (Payment Possibly Required) 29 Filed: 5/15/2025, Entered: 5/15/2025 USCA Case Number
USCA Case Number 25-1922 for [26] Notice of Appeal (USCA), filed by MARY JO FLAHERTY, MATTHEW J. PLATKIN. USCA Case Manager Alicia (Document Restricted - Court Only) (ca3gch)
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Legal Document (Payment Possibly Required) 28 Filed: 5/9/2025, Entered: 5/9/2025 OrderCourt Filing
ORDER Granting Notice of Voluntary Dismissal without prejudice as to Defendants: the New Jersey Division of Gaming Enforcement, James T. Plousis, Alisa Cooper, Joyce Mollineaux, and the New Jersey Casino Control Commission. Signed by Judge Edward S. Kiel on 5/9/2025. (dmr)
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Legal Document (Payment Possibly Required) 26 Filed: 5/8/2025, Entered: 5/8/2025 Notice of Appeal (USCA)
NOTICE OF APPEAL as to [22] Order,,, Terminate Motions,,, Util - Finance NEF,, [21] Opinion by MARY JO FLAHERTY, MATTHEW J. PLATKIN. Filing fee $ 605, receipt number ANJDC-16241775. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (FLEMING, LIZA)
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Legal Document (Payment Possibly Required) 25 Filed: 5/8/2025, Entered: 5/8/2025 Notice of Voluntary Dismissal - aty
NOTICE of Voluntary Dismissal as to the New Jersey Division of Gaming Enforcement, James T. Plousis, Alisa Cooper, Joyce Mollineaux, and the New Jersey Casino Control Commission by KALSHIEX, LLC (GREWAL, GURBIR)
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Legal Document (Payment Possibly Required) 27 Filed: 5/7/2025, Entered: 5/9/2025 bond
Injunction BOND pursuant to Order [22] in the amount of $ $100,000.00 posted by KALSHIEX, LLC. (Attachments: # (1) Cover Letter) (dmr)
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Legal Document (Payment Possibly Required) 24 Filed: 5/6/2025, Entered: 5/6/2025, Terminated: 6/27/2025 Motion for Leave to Appear Pro Hac Vice
Consent MOTION for Leave to Appear Pro Hac Vice of Derek L. Shaffer and Alex H. Loomis by CASINO ASSOCIATION OF NEW JERSEY, INC.. (Attachments: # (1) Certification of John D. Tortorella, # (2) Certification of Derek L. Shaffer, # (3) Certification of Alex H. Loomis, # (4) Text of Proposed Order, # (5) Certificate of Service)(TORTORELLA, JOHN)
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Legal Document (Payment Possibly Required) 23 Filed: 5/6/2025, Entered: 5/6/2025 Order on Motion to Appear Amicus CuriaeCourt Filing
ORDER Granting CANJ's [18] Motion for Leave to Appear as Amicus; the proposed amicus brief submitted with its motion shall be deemed filed. Signed by Judge Edward S. Kiel on 5/6/2025. (sms2)
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Blank  Filed: None, Entered: None Set/Reset Motion and R and R Deadlines/Hearings
Set Deadlines as to [24] Consent MOTION for Leave to Appear Pro Hac Vice of Derek L. Shaffer and Alex H. Loomis. Motion set for 6/2/2025 before Magistrate Judge Matthew J. Skahill. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms2)
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Legal Document (Payment Possibly Required) 22 Filed: 4/28/2025, Entered: 4/28/2025 OrderCourt Filing
ORDER Granting [2] MOTION for Temporary Restraining Order and Preliminary Injunction; Defendants are enjoined from pursuing civil or criminal enforcement actions against Kalshi concerning its sports-related event contracts; Kalshi shall contact the Clerk's Office to coordinate the securing of the $100,000.00 bond; the parties shall make any requests regarding adjustment of the bond amount by letters within five business days of this Order; directing the parties to coordinate discovery with Magistrate Judge Matthew J. Skahill. (Finance notified). Signed by Judge Edward S. Kiel on 4/28/2025. (sms2)
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Legal Document (Payment Possibly Required) 21 Filed: 4/28/2025, Entered: 4/28/2025 OpinionCourt Filing
OPINION. Signed by Judge Edward S. Kiel on 4/28/2025. (sms2)
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Legal Document (Payment Possibly Required) 20 Filed: 4/25/2025, Entered: 4/25/2025 Notice of Appearance
NOTICE of Appearance by JOHN D. TORTORELLA on behalf of CASINO ASSOCIATION OF NEW JERSEY, INC. (Attachments: # (1) Certificate of Service)(TORTORELLA, JOHN)
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Legal Document (Payment Possibly Required) 19 Filed: 4/25/2025, Entered: 4/25/2025 Notice of Appearance
NOTICE of Appearance by KEVIN HARRY MARINO on behalf of CASINO ASSOCIATION OF NEW JERSEY, INC. (Attachments: # (1) Certificate of Service)(MARINO, KEVIN)
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Legal Document (Payment Possibly Required) 18 Filed: 4/24/2025, Entered: 4/24/2025, Terminated: 5/6/2025 Appear Amicus Curiae
MOTION for Leave to Appear Amicus Curiae by CASINO ASSOCIATION OF NEW JERSEY, INC.. (Attachments: # (1) Memorandum, # (2) Declaration of Kevin H. Marino, # (3) Proposed Brief for the Casino Association of New Jersey, Inc. as Amicus Curiae in Support of Defendants, # (4) Text of Proposed Order, # (5) Certificate of Service)(MARINO, KEVIN)
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Blank  Filed: None, Entered: None Set/Reset Motion and R and R Deadlines/Hearings
Set Deadlines as to [18] MOTION for Leave to Appear Amicus Curiae . Motion set for 5/19/2025 before Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (js)
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Legal Document (Payment Possibly Required) 17 Filed: 4/23/2025, Entered: 4/23/2025 Reply to Response to motion
REPLY to Response to Motion filed by KALSHIEX, LLC re [2] MOTION for Temporary Restraining Order and Preliminary Injunction (GREWAL, GURBIR)
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Legal Document (Payment Possibly Required) 16 Filed: 4/21/2025, Entered: 4/21/2025 Order on Motion for Leave to AppearCourt Filing
ORDER Granting [3] Motion for Leave to Appear Pro Hac Vice as to Neal K. Katyal, Joshua B. Sterling, William E. Havemann and Mackenzie Austin, Esquire. Signed by Magistrate Judge Matthew J. Skahill on 4/21/2025. (dmr)
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Legal Document (Payment Possibly Required) 15 Filed: 4/18/2025, Entered: 4/18/2025 response in opposition to motion
RESPONSE in Opposition filed by All Defendants re [2] MOTION for Temporary Restraining Order and Preliminary Injunction (FLEMING, LIZA)
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Legal Document (Payment Possibly Required) 14 Filed: 4/18/2025, Entered: 4/18/2025 Notice of Appearance
NOTICE of Appearance by STEPHEN EHRLICH on behalf of All Defendants (EHRLICH, STEPHEN)
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Legal Document (Payment Possibly Required) 13 Filed: 4/18/2025, Entered: 4/18/2025 Notice of Appearance
NOTICE of Appearance by LIZA FLEMING on behalf of All Defendants (FLEMING, LIZA)
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Legal Document (Payment Possibly Required) 12 Filed: 4/2/2025, Entered: 4/2/2025 Notice of Appearance
NOTICE of Appearance by VIVEK N. MEHTA on behalf of All Defendants (MEHTA, VIVEK)
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Legal Document (Payment Possibly Required) 11 Filed: 4/2/2025, Entered: 4/2/2025 waiver of service executed
WAIVER OF SERVICE Returned Executed by KALSHIEX, LLC. CASINO CONTROL COMMISSION waiver sent on 4/1/2025, answer due 6/2/2025; ALISA COOPER waiver sent on 4/1/2025, answer due 6/2/2025; MARY JO FLAHERTY waiver sent on 4/1/2025, answer due 6/2/2025; DIVISION OF GAMING ENFORCEMENT waiver sent on 4/1/2025, answer due 6/2/2025; JOYCE MOLLINEAUX waiver sent on 4/1/2025, answer due 6/2/2025; MATTHEW J. PLATKIN waiver sent on 4/1/2025, answer due 6/2/2025; JAMES T. PLOUSIS waiver sent on 4/1/2025, answer due 6/2/2025. (GREWAL, GURBIR)
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Legal Document (Payment Possibly Required) 10 Filed: 4/1/2025, Entered: 4/1/2025 Notice of Appearance
NOTICE of Appearance by EMILY MARIE BISNAUTH on behalf of All Defendants (BISNAUTH, EMILY)
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Legal Document (Payment Possibly Required) 9 Filed: 4/1/2025, Entered: 4/1/2025 OrderCourt Filing
LETTER ORDER Granting proposed briefing schedule for Kalshiex, LLC motion for a preliminary injunction. Defendants' opposition brief due April 18, 2025. Plaintiff's reply brief due April 23, 2025. Signed by Judge Edward S. Kiel on 4/1/2025. (dmr)
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Blank 7 Filed: 4/1/2025, Entered: 4/1/2025 Text OrderCourt Filing
TEXT ORDER: In consideration of the information provided in defendants' letter of April 1, 2025 (ECF No. [6]), the hearing scheduled for April 2, 2025 (ECF No. 4) is adjourned sine die. So Ordered by Judge Edward S. Kiel on 4/1/2025. (gn, )
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Legal Document (Payment Possibly Required) 6 Filed: 4/1/2025, Entered: 4/1/2025 Response to motion
RESPONSE to Motion filed by All Defendants re [2] MOTION for Temporary Restraining Order and Preliminary Injunction Joint Letter On Behalf of All Parties (BISNAUTH, EMILY)
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Blank  Filed: None, Entered: None QC - Incorrect Entry made by Clerk's Office Staff
CLERK'S QUALITY CONTROL MESSAGE - Please note the Order Granting Preliminary Approval of Settlement attached to docket entry [8] filed by the Clerk's office on 3/31/2025 was docketed in error. Please disregard. (dmr)
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Legal Document (Payment Possibly Required) 8 Filed: 3/31/2025, Entered: 4/1/2025 OrderCourt Filing
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Final Fairness Haring set for 11/3/2025 at 11:00 AM in Camden - Courtroom 4D before Judge Edward S. Kiel. Signed by Judge Edward S. Kiel on 3/31/2025. (dmr)
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Legal Document (Payment Possibly Required) 5 Filed: 3/31/2025, Entered: 3/31/2025 Summons issued
SUMMONS ISSUED as to CASINO CONTROL COMMISSION, ALISA COOPER, MARY JO FLAHERTY, DIVISION OF GAMING ENFORCEMENT, JOYCE MOLLINEAUX, MATTHEW J. PLATKIN, JAMES T. PLOUSIS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dmw)
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Blank 4 Filed: 3/31/2025, Entered: 3/31/2025 Text OrderCourt Filing
TEXT ORDER: A hearing on plaintiff's motion for temporary restraining order (TRO) and preliminary injunction is scheduled for April 2, 2025 at 2:30 p.m. before District Judge Edward S. Kiel in Courtroom 4D. Defendants may file an informal letter-brief in response to plaintiff's request for a TRO by 4:00 p.m. on April 1, 2025. Plaintiff shall provide email-notification to defendants of this text order. So Ordered by Judge Edward S. Kiel on 3/31/2025. (gn, )
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Blank  Filed: None, Entered: None Filing Fee Received
Filing fee: $ 405, receipt number TRE143298 (dmr3)
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Blank  Filed: None, Entered: None Set/Reset Motion and R and R Deadlines/Hearings
Set Deadlines as to [3] MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/5/2025 before Magistrate Judge Matthew J. Skahill. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kes, )
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Legal Document (Payment Possibly Required) 3 Filed: 3/29/2025, Entered: 3/29/2025, Terminated: 4/21/2025 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice by KALSHIEX, LLC. (Attachments: # (1) Declaration of Neal K. Katyal in Support of Admission Pro Hac Vice, # (2) Declaration of Joshua B. Sterling in Support of Admission Pro Hac Vice, # (3) Declaration of Mackenzie Austin in Support of Admission Pro Hac Vice, # (4) Declaration of William E. Havemann in Support of Admission Pro Hac Vice, # (5) Text of Proposed Order)(GREWAL, GURBIR)
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Legal Document (Payment Possibly Required) 2 Filed: 3/29/2025, Entered: 3/29/2025, Terminated: 4/28/2025 Motion for TRO
MOTION for Temporary Restraining Order and Preliminary Injunction by KALSHIEX, LLC. (Attachments: # (1) Declaration Declaration of Xavier Sottile, # (2) Text of Proposed Order)(GREWAL, GURBIR)
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Legal Document (Payment Possibly Required) 1 Filed: 3/29/2025, Entered: 3/29/2025 Complaint
COMPLAINT against CASINO CONTROL COMMISSION, ALISA COOPER, MARY JO FLAHERTY, DIVISION OF GAMING ENFORCEMENT, MATTHEW J. PLATKIN, JAMES T. PLOUSIS, JOYCE MOLLINEAUX (Filing and Admin fee $ 405), filed by KALSHIEX, LLC. (Attachments: # (1) Exhibit 1: 03-27-2025 Cease & Desist Letter, # (2) Civil Cover Sheet)(GREWAL, GURBIR)
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Blank  Filed: None, Entered: None Add and Terminate Judges
Judge Edward S. Kiel and Magistrate Judge Matthew J. Skahill added. (dmw)
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