US Commodity Futures Trading Commission v. Forex Capital Markets, LLC

Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-06551
District Judge Katherine B. Forrest, presiding
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District Judge Katherine B. Forrest
Last Updated July 29, 2025 at 10:28 AM EDT (9.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
United States Commodity Futures Trading Commission United States Commodity Futures Trading Commission, Plaintiff
Officially listed as "US Commodity Futures Trading Commission"

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Saadeh Al-Jurf +1 202 418 5175 +1 202 418 5519 sal-jurf@cftc.gov

Represented by United States Commodity Futures Trading Commission

Name Phone Fax E-Mail
Space Saadeh Al-Jurf +1 202 418 5175 +1 202 418 5519 sal-jurf@cftc.gov
Space Luke Blair Marsh +1 202 418 5322 lmarsh@cftc.gov
ATTORNEY TO BE NOTICED Luke Blair Marsh +1 202 418 5322 lmarsh@cftc.gov
v.
No Logo Forex Capital Markets LLC, Defendant

Represented by King & Spalding LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Israel Dahan +1 212 504 6000 +1 212 504 6666 IDAHAN@CWT.COM
Space William F Johnson +1 212 556 2125 +1 212 556 2222 wjohnson@kslaw.com
ATTORNEY TO BE NOTICED William F Johnson +1 212 556 2125 +1 212 556 2222 wjohnson@kslaw.com
Attributes
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Unknown
Jurisdiction U.S. Government Plaintiff
Case Status closed
Jury Demand None
Timeline
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Legal Document (Payment Possibly Required) 69 Filed: 2/13/2017, Entered: 2/13/2017 Court Filing
ORDER terminating 42 Motion to Dismiss. The Clerk of Court is directed to terminate the motion at ECF No. 42 and to close this case. (Signed by Judge Katherine B. Forrest on 2/13/2017) (cf)
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Legal Document (Payment Possibly Required) 68 Filed: 2/13/2017, Entered: 2/13/2017 Court Filing
CONSENT ORDER OF PERMANENT INJUNCTION CIVIL MONETARY PENALTY AND OTHER EQUITABLE RELIEF: There being no just reason for delay, the Clerk of the Court is hereby ordered to enter this Consent Order for Permanent Injunction, Civil Monetary Penalty and Other Equitable Relief Against Defendant FXCM forthwith and without further notice. (As further set forth in this Order.) (Signed by Judge Katherine B. Forrest on 2/13/2017) (cf)
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Legal Document (Payment Possibly Required) 67 Filed: 2/10/2017, Entered: 2/10/2017 Court Filing
LETTER addressed to Judge Katherine B. Forrest from Saadeh Al-Jurf dated 2/10/2017 re: Consent Order. Document filed by US Commodity Futures Trading Commission. (Attachments: # 1 Text of Proposed Order)(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 66 Filed: 2/10/2017, Entered: 2/10/2017 Court Filing
ORDER granting 65 Letter Motion for Extension of Time to File Response/Reply. So ordered. Replies due by 2/20/2017. (Signed by Judge Katherine B. Forrest on 2/10/2017) (cf)
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Legal Document (Payment Possibly Required) 65 Filed: 2/10/2017, Entered: 2/10/2017 Court Filing
LETTER MOTION for Extension of Time to File Response/Reply as to 56 Order, Set Deadlines,, - Request to Extend Time for Defendant's Reply on Motion to Dismiss until February 20, 2017 on consent addressed to Judge Katherine B. Forrest from Israel Dahan dated February 10, 2017. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 64 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
ORDER granting 63 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Katherine B. Forrest on 2/3/2017) (cf)
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Legal Document (Payment Possibly Required) 63 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
LETTER MOTION for Leave to File Excess Pages for Defendant's reply brief on motion to dismiss of up to 15 pages on consent addressed to Judge Katherine B. Forrest from Israel Dahan dated February 3, 2017. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 62 Filed: 2/2/2017, Entered: 2/2/2017 Court Filing
ORDER: The status conference scheduled for February 10, 2017 is hereby ADJOURNED to Friday, March 3, 2017 at 2 p.m. (Status Conference set for 3/3/2017 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/2/2017) (cf)
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Legal Document (Payment Possibly Required) 61 Filed: 1/31/2017, Entered: 1/31/2017 Court Filing
ORDER granting 60 Letter Motion for Leave to File Document. So ordered. (Signed by Judge Katherine B. Forrest on 1/31/2017) (cf)
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Legal Document (Payment Possibly Required) 60 Filed: 1/31/2017, Entered: 1/31/2017 Court Filing
LETTER MOTION for Leave to File Declaration addressed to Judge Katherine B. Forrest from Saadeh Al-Jurf dated January 31, 2017. Document filed by US Commodity Futures Trading Commission. (Attachments: # 1 Affidavit Declaration of Saadeh Al-Jurf)(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 59 Filed: 1/30/2017, Entered: 1/30/2017
MEMORANDUM OF LAW in Opposition re: 42 MOTION to Dismiss - Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint. . Document filed by US Commodity Futures Trading Commission. (Attachments: # 1 Affidavit Declaration of Saadeh Al-Jurf, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5a, # 7 Exhibit 5b, # 8 Exhibit 6, # 9 Exhibit 7a, # 10 Exhibit 7b, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31)(Al-Jurf, Saadeh)
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Sealed Legal Document 58 Filed: 1/10/2017, Entered: 1/12/2017
DECLARATION of Israel Dahan in Support re: 42 MOTION TO DISMISS-Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint. Document filed by Forex Capital Markets, LLC. (Doc. filed at #44, exhibits previously filed under sealed in envelope #45 and unsealed on 1/10/27) (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17, # 6 Exhibit 18, # 7 Exhibit 19, # 8 Exhibit 20, # 9 Exhibit 21, # 10 Exhibit 22, # 11 Exhibit 24, # 12 Exhibit 25, # 13 Exhibit 26, # 14 Exhibit 27).(ama)
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Sealed Legal Document 57 Filed: 1/10/2017, Entered: 1/12/2017
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S PARTIAL MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT: Document filed by Forex Capital Markets, LLC. (Doc. originally filed under seal #45 on 12/22/2016 and unsealed on 1/10/2017)(ama)
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Legal Document (Payment Possibly Required) 56 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
AGREED SCHEDULING ORDER: IT IS HEREBY ORDERED that Plaintiff's opposition is due by January 30, 2017, and Defendant's reply is due by February 13, 2017. (As further set forth in this Order.) ( Responses due by 1/30/2017, Replies due by 2/13/2017.) (Signed by Judge Katherine B. Forrest on 1/10/2017) (cf)
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Blank  Filed: 1/10/2017, Entered: 1/10/2017
Transmission to Sealed Records Clerk. Transmitted re: 55 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf)
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Legal Document (Payment Possibly Required) 55 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
ORDER granting 53 Motion to Unseal. So ordered. (Signed by Judge Katherine B. Forrest on 1/10/2017) (cf)
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Legal Document (Payment Possibly Required) 54 Filed: 1/9/2017, Entered: 1/9/2017 Court Filing
LETTER addressed to Judge Katherine B. Forrest from Israel Dahan dated January 9, 2017 re: attached proposed agreed scheduling order with respect to the remaining briefing on Defendant Forex Capital Markets, LLCs partial motion to dismiss the CFTCs First Amended Complaint, which has been converted to a Rule 56 motion for summary judgment (Dkt. No. 46). Document filed by Forex Capital Markets, LLC. (Attachments: # 1 Proposed Agreed Scheduling Order)(Dahan, Israel)
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Legal Document (Payment Possibly Required) 53 Filed: 1/9/2017, Entered: 1/9/2017
MOTION to Unseal . Document filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 52 Filed: 1/9/2017, Entered: 1/9/2017 Court Filing
ORDER terminating 51 LETTER MOTION for Extension of Time to File Response/Reply as to 49 Order on Motion for Extension of Time to File Response/Reply, 50 Memo Endorsement. Motion requesting extension of time to file reply to opposition to motion to dismiss until February 13, 2017 and clarification with regard to ECF Doc. 49 and ECF Doc. 50 addressed to Judge Katherine B. Forrest from Israel Dahan dated January 6, 2017. Document filed by Forex Capital Markets, LLC. Ordered. The parties are to confer on a briefing schedule today and file a proposed schedule anticipating all of these (above) issues only as necessary. No more letters on this issue apart from filing a proposed -- agreed -- schedule. File that schedule tomorrow. (Signed by Judge Katherine B. Forrest on 1/9/2017) (rjm)
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Legal Document (Payment Possibly Required) 51 Filed: 1/6/2017, Entered: 1/6/2017 Court Filing
LETTER MOTION for Extension of Time to File Response/Reply as to 49 Order on Motion for Extension of Time to File Response/Reply, 50 Memo Endorsement . Motion requesting extension of time to file reply to opposition to motion to dismiss until February 13, 2017 and clarification with regard to ECF Doc.49 and ECF Doc. 50 addressed to Judge Katherine B. Forrest from Israel Dahan dated January 6, 2017. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 50 Filed: 1/6/2017, Entered: 1/6/2017 Court Filing
MEMO ENDORSEMENT on re: 48 Response in Opposition to Motion, filed by US Commodity Futures Trading Commission. ENDORSEMENT: So Ordered. Granted. (Signed by Judge Katherine B. Forrest on 1/6/2017) (cf)
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Legal Document (Payment Possibly Required) 49 Filed: 1/5/2017, Entered: 1/6/2017 Court Filing
ORDER granting 47 Letter Motion for Extension of Time to File Response/Reply. So ordered. Replies due by 2/6/2017. (Signed by Judge Katherine B. Forrest on 1/5/2017) (mro)
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Legal Document (Payment Possibly Required) 48 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Saadeh Al-Jurf dated 01/05/2017 re: 47 LETTER MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss - Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint. Motion requesting extension of time to file rep . Document filed by US Commodity Futures Trading Commission. (Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 47 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
LETTER MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss - Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint. Motion requesting extension of time to file reply to opposition to motion to dismiss until February 6, 2017 addressed to Judge Katherine B. Forrest from Israel Dahan dated January 5, 2017. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 46 Filed: 1/3/2017, Entered: 1/3/2017 Court Filing
ORDER: The Court will extend the briefing schedule by two weeks. Plaintiff's opposition is now due not later than January 23, 2017. Defendant's reply is due not later January 30, 2017. The Court also waives the Local Civil Rule 56.1 requirement, and does not require any additional information from defendant at this point. The Court's conversion of this motion is not based on any view as to the merits of the arguments defendant presents. Instead, this step simply reflects the fact that defendant has widened the scope of the motion beyond the four corners of plaintiff's amended complaint. (The Court further notes that there will be additional opportunities for summary judgment motions at later stages of this case.) Responses due by 1/23/2017 Replies due by 1/30/2017. (Signed by Judge Katherine B. Forrest on 1/3/2017) (kgo) Modified on 1/3/2017 (kgo).
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Sealed Legal Document 45 Filed: 12/22/2016, Entered: 12/22/2016
SEALED DOCUMENT placed in vault.(rz)
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Legal Document (Payment Possibly Required) 44 Filed: 12/22/2016, Entered: 12/22/2016
DECLARATION of Israel Dahan in Support re: 42 MOTION to Dismiss - Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint.. Document filed by Forex Capital Markets, LLC. (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 - Redacted, # 14 Exhibit 14 - Redacted, # 15 Exhibit 15 - Redacted, # 16 Exhibit 16 - Redacted, # 17 Exhibit 17 - Redacted, # 18 Exhibit 18 - Redacted, # 19 Exhibit 19 - Redacted, # 20 Exhibit 20 - Redacted, # 21 Exhibit 21 - Redacted, # 22 Exhibit 22 - Redacted, # 23 Exhibit 23, # 24 Exhibit 24 - Redacted, # 25 Exhibit 25 - Redacted, # 26 Exhibit 26 - Redacted, # 27 Exhibit 27 - Redacted, # 28 Exhibit 28, # 29 Exhibit 29)(Dahan, Israel)
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Legal Document (Payment Possibly Required) 43 Filed: 12/22/2016, Entered: 12/22/2016
MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss - Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint. (REDACTED). Document filed by Forex Capital Markets, LLC. (Dahan, Israel)
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Legal Document (Payment Possibly Required) 42 Filed: 12/22/2016, Entered: 12/22/2016
MOTION to Dismiss - Notice of Defendant's Partial Motion To Dismiss Plaintiff's First Amended Complaint. Document filed by Forex Capital Markets, LLC. Responses due by 1/9/2017(Dahan, Israel)
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Legal Document (Payment Possibly Required) 41 Filed: 12/20/2016, Entered: 12/20/2016 Court Filing
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...) As further set forth in this Order.) (Signed by Judge Katherine B. Forrest on 12/20/2016) (cf)
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Legal Document (Payment Possibly Required) 40 Filed: 12/19/2016, Entered: 12/19/2016 Court Filing
LETTER addressed to Judge Katherine B. Forrest from Israel Dahan dated December 19, 2016 re: attached agreed proposed protective order submitted for approval. Document filed by Forex Capital Markets, LLC. (Attachments: # 1 Proposed Protective Order)(Dahan, Israel)
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Blank  Filed: 12/12/2016, Entered: 12/14/2016
Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 12/12/2016. (jp)
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Legal Document (Payment Possibly Required) 39 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
AMENDED ORDER: It has been brought to the Court's attention that the deadline set for the defendant's reply brief in the Court's December 9, 2016 Order at ECF No. 37 falls on a Saturday. Accordingly, the Court revises the briefing schedule as follows: 1. Defendant shall file its response to the amended complaint by December 22, 2016; 2. Plaintiff shall file its opposition by January 9, 2017; and 3. Defendant shall file its reply by January 17, 2017. Forex Capital Markets, LLC answer due 1/17/2017. (Signed by Judge Katherine B. Forrest on 12/12/2016) (cf)
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Legal Document (Payment Possibly Required) 38 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Close of fact discovery: September 12, 2017. Close of expert discovery: November 12, 2017. Proposed briefing schedule: Opening: Nov. 20, 2017. Opp'n: Dec. 20, 2017. Reply: Jan. 5, 2018. Trial will be before a jury. The next status conference is set for 2/10/17 at 12:30pm. Trial in this matter shell commence on 2/26/18. Trial is anticipated to take 1 week. (As further set forth in this Order.) Motions due by 11/20/2017. Responses due by 12/20/2017 Replies due by 1/5/2018. Fact Discovery due by 9/12/2017. Expert Discovery due by 11/12/2017. Status Conference set for 2/10/2017 at 12:30 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 12/12/2016) (cf)
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Blank  Filed: 12/9/2016, Entered: 12/9/2016
Set/Reset Deadlines: Forex Capital Markets, LLC answer due 1/14/2017. (cf)
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Legal Document (Payment Possibly Required) 37 Filed: 12/9/2016, Entered: 12/9/2016 Court Filing
ORDER denying as moot 21 Motion to Dismiss. Pursuant to the Court's order dated November 23, 2016, ECF No. 27, plaintiff filed an amended complaint on December 7, 2016. Accordingly, any previous briefing schedules are now vacated. It is hereby ORDERED that: 1. Defendant shall file its response to the amended complaint by December 22, 2016; 2. Plaintiff shall file its opposition by January 9, 2017; and 3. Defendant shall file its reply by January 14, 2017. Defendant's partial motion to dismiss the original complaint is denied as moot. The Clerk of Court is directed to terminate the motion at ECF No. 21. (Signed by Judge Katherine B. Forrest on 12/9/2016) (cf)
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Legal Document (Payment Possibly Required) 36 Filed: 12/7/2016, Entered: 12/7/2016
AMENDED COMPLAINT amending 1 Complaint against Forex Capital Markets, LLC.Document filed by US Commodity Futures Trading Commission. Related document: 1 Complaint filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 35 Filed: 12/2/2016, Entered: 12/2/2016
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 34 Filed: 12/2/2016, Entered: 12/2/2016 Court Filing
ORDER denying 33 Letter Motion to Adjourn Conference. Let's proceed with the IPTC (on 12/12). This case was filed in August and we should get it moving. (Signed by Judge Katherine B. Forrest on 12/2/2016) (cf)
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Legal Document (Payment Possibly Required) 33 Filed: 12/1/2016, Entered: 12/1/2016 Court Filing
LETTER MOTION to Adjourn Conference addressed to Judge Katherine B. Forrest from Saadeh Al-Jurf dated 12/1/2016. Document filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 32 Filed: 12/1/2016, Entered: 12/1/2016 Court Filing
ORDER granting 31 Letter Motion for Extension of Time to File Response/Reply. Proposed new date of 12/9/16 is fine. Responses due by 12/9/2016 (Signed by Judge Katherine B. Forrest on 12/1/2016) (cf)
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Legal Document (Payment Possibly Required) 31 Filed: 12/1/2016, Entered: 12/1/2016 Court Filing
LETTER MOTION for Extension of Time to File Response/Reply as to 19 Order on Motion for Conference,,, addressed to Judge Katherine B. Forrest from Saadeh Al-Jurf dated 12/1/2016. Document filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 30 Filed: 12/1/2016, Entered: 12/1/2016 Court Filing
LETTER addressed to Judge Katherine B. Forrest from Saadeh Al-Jurf dated 12/1/2016 re: Plaintiff's Intent to Amend Complaint. Document filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 29 Filed: 11/23/2016, Entered: 11/23/2016
CERTIFICATE OF SERVICE of Order filed 11/23/16 (ECF Doc.27) and Individual Rules of Practice in Civil Cases served on Counsel for US Commodity Futures Trading Commission on 11/23/2016. Document filed by Forex Capital Markets, LLC. (Dahan, Israel)
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Legal Document (Payment Possibly Required) 28 Filed: 11/23/2016, Entered: 11/23/2016
CERTIFICATE OF SERVICE of Order and Individual Rules of Practice in Civil Cases served on Forex Capital Markets, LLC on 11/23/2016. Document filed by US Commodity Futures Trading Commission. (Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 27 Filed: 11/23/2016, Entered: 11/23/2016 Court Filing
ORDER: 1. The Court notes that there is a pending motion to dismiss based on allegedly inadequate pleadings. This Court's standard practice is to deal with pleadings once. Accordingly, the plaintiff shall inform the Court by Friday, December 2, 2016, whether it intends to amend the complaint, with the proposed amendment to follow no later than December 9, 2016. If plaintiff chooses to amend the complaint, it shall have a single opportunity to do so. 2. The Court has scheduled an initial conference for Monday, December 12, 2016, at 10:30 a.m. All counsel in receipt of this order shall notify all other parties (or, if known, their attorneys) of the IPTC by serving each of them with a copy of this order and with a copy of the Court's Individual Practices in Civil Cases. Counsel shall file proof of such service with the Court. It is FURTHER ORDERED that the Order of Reference to a Magistrate Judge, issued August 26, 2016 (ECF No. 7), is VACATED. All matters will proceed before Judge Forrest. (As further set forth in this Order) Initial Conference set for 12/12/2016 at 10:30 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/23/2016) (kl)
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Blank  Filed: 11/22/2016, Entered: 11/22/2016
NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Analisa Torres is no longer assigned to the case. (sjo)
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Sealed Legal Document 26 Filed: 11/18/2016, Entered: 11/18/2016
SEALED DOCUMENT placed in vault.(rz)
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Sealed Legal Document 25 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
DECLARATION of Israel Dahan (some Exhibits Redacted and Filed Under Seal as indicated) in Support re: 21 MOTION to Dismiss - Notice Of Defendant's Partial Motion To Dismiss Plaintiff's Complaint (Memorandum of Law in Support and Declaration of Israel Dahan with Exhibits have been emailed to plaintiff and Judge Torres with request for leave. Document filed by Forex Capital Markets, LLC. (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 - Redacted, # 14 Exhibit 14 - Redacted, # 15 Exhibit 15 - Redacted, # 16 Exhibit 16 - Redacted, # 17 Exhibit 17 - Redacted, # 18 Exhibit 18 - Redacted, # 19 Exhibit 19 - Redacted, # 20 Exhibit 20 - Redacted, # 21 Exhibit 21 - Redacted, # 22 Exhibit 22 - Redacted, # 23 Exhibit 23, # 24 Exhibit 24 - Redacted, # 25 Exhibit 25 - Redacted, # 26 Exhibit 26 - Redacted, # 27 Exhibit 27 - Redacted, # 28 Exhibit 28)(Dahan, Israel)
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Legal Document (Payment Possibly Required) 24 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss - Notice Of Defendant's Partial Motion To Dismiss Plaintiff's Complaint (Memorandum of Law in Support and Declaration of Israel Dahan with Exhibits have been emailed to plaintiff and Judge Torres with request for leave .REDACTED PER ORDER FILED 11/17/2016. Document filed by Forex Capital Markets, LLC. (Dahan, Israel)
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Legal Document (Payment Possibly Required) 23 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
SCHEDULING ORDER: Summary judgment or other pretrial motions due by 12/6/2017. Deposition due by 11/6/2017. Discovery due by 7/31/2017, and as further specified and set forth in this Scheduling Order. 10. The parties are directed to advise the Court by letter, no later than one week after a decision on the partial motion to dismiss, whether the decision warrants any revision of the schedule set forth herein. So ordered. (Signed by Magistrate Judge James L. Cott on 11/16/2016) (rjm)
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Blank  Filed: 11/17/2016, Entered: 11/17/2016
Transmission to Sealed Records Clerk. Transmitted re: 22 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
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Legal Document (Payment Possibly Required) 22 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
ORDER. Defendant Forex Capital Markets, LLC ("FXCM") has requested permission to file in redacted form FXCMs partial motion to dismiss the complaint. In particular, FXCM requests that certain text in the memorandum of law and exhibits attached to the supporting declaration of Israel Dahan be filed in redacted form as they reveal confidential communications between representatives of FXCM, the plaintiff, and the National Futures Association. This issue was raised at the case management conference held before the undersigned on November 16, 2016. Plaintiff did not object to FXCM's request. Having reviewed the motion papers, the Court grants the request. FXCM may file its motion papers on ECF in redacted form, and file its motion papers in unredacted form under seal. These motion papers will remain under seal until further order of the Court. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/17/2016) (rjm)
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Legal Document (Payment Possibly Required) 21 Filed: 11/11/2016, Entered: 11/11/2016 Court Filing
MOTION to Dismiss - Notice Of Defendant's Partial Motion To Dismiss Plaintiff's Complaint (Memorandum of Law in Support and Declaration of Israel Dahan with Exhibits have been emailed to plaintiff and Judge Torres with request for leave to file in redacted form per Judge Torres' Individual Practices in Civil Cases Practice IV.A.). Document filed by Forex Capital Markets, LLC. Responses due by 12/2/2016(Dahan, Israel)
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Legal Document (Payment Possibly Required) 20 Filed: 10/20/2016, Entered: 10/20/2016 Court Filing
ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 11/16/2016 at 03:00 PM in Courtroom 21D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott, and as further set forth in this Order. (Signed by Magistrate Judge James L. Cott on 10/20/2016) (rjm)
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Blank  Filed: 10/18/2016, Entered: 10/18/2016
Set/Reset Deadlines: Motions due by 11/18/2016. Responses due by 12/2/2016 Replies due by 12/9/2016. (cf)
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Legal Document (Payment Possibly Required) 19 Filed: 10/18/2016, Entered: 10/18/2016 Court Filing
ORDER denying 17 Letter Motion for Conference. Having reviewed the parties' letters dated August 26, September 2, September 6, October 10, and October 17,2016, it is ORDERED that: 1. Forex Capital Markets, LLC's ("FXCM") request for a pre-motion conference is DENIED; 2. FXCM's request that this case be treated as related to Retirement Board of the Policemen's Annuity and Benefit Fund of Chicago v. FXCM Inc., et al., No. 1 :15-cv-03599-KMW, which is now closed, is DENIED; 3. By November 18, 2016, FXCM shall file its partial motion to dismiss; 4. By December 2, 2016, Plaintiff shall file its opposition papers; and 5. By December 9, 2016, FXCM shall reply. (Signed by Judge Analisa Torres on 10/18/2016) (cf)
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Legal Document (Payment Possibly Required) 18 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: 17 LETTER MOTION for Conference - requesting a pre-motion conference concerning FXCM's filing of a partial motion to dismiss the complaint filed by the CFTC on August 18, 2016 addressed to Judge Analisa Torres from Israel Dahan dated Octob 10, 2016 addressed to Judge Analisa Torres from Saadeh Al-Jurf dated 10/17/2016. Document filed by US Commodity Futures Trading Commission.(Al-Jurf, Saadeh) Modified on 10/27/2016 (ldi).
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Legal Document (Payment Possibly Required) 17 Filed: 10/10/2016, Entered: 10/10/2016 Court Filing
LETTER MOTION for Conference - requesting a pre-motion conference concerning FXCM's filing of a partial motion to dismiss the complaint filed by the CFTC on August 18, 2016 addressed to Judge Analisa Torres from Israel Dahan dated October 10, 2016. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 16 Filed: 10/7/2016, Entered: 10/7/2016 Court Filing
ORDER granting 15 Motion for SAADEH ADEL AL-JURF to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Blank  Filed: 9/12/2016, Entered: 9/12/2016
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Saadeh Adel Al-Jurf 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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Legal Document (Payment Possibly Required) 15 Filed: 9/12/2016, Entered: 9/12/2016
MOTION for Saadeh Adel Al-Jurf to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Commodity Futures Trading Commission. (Attachments: # 1 Exhibit Certificate of Good Standing from Supreme Court of Virginia, # 2 Exhibit Certificate of Good Standing from District of Columbia, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Al-Jurf, Saadeh)
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Legal Document (Payment Possibly Required) 14 Filed: 9/6/2016, Entered: 9/6/2016 Court Filing
LETTER addressed to Judge Analisa Torres from Israel Dahan dated September 6, 2016 re: Response to the CFTC's letter dated 9/2/16 and in further support of defendant's letter to the Court dated 8/26/16 regarding treating this case as related to case no. 15-cv-3599. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 13 Filed: 9/2/2016, Entered: 9/2/2016 Court Filing
LETTER addressed to Judge Analisa Torres from Luke B. Marsh dated September 2, 2016 re: Defendant FXCM's August 26, 2016 Request to Relate Cases. Document filed by US Commodity Futures Trading Commission.(Marsh, Luke)
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Legal Document (Payment Possibly Required) 12 Filed: 8/26/2016, Entered: 8/26/2016 Court Filing
LETTER addressed to Judge Analisa Torres from Israel Dahan dated 8/26/2016 re: request to deem this case related to Retirement Board of the Policemens Annuity and Benefit Fund of Chicago v. FXCM Inc., et al., Case No. 1:15-cv-03599-KMW and re-assign this matter to Judge Kimba Wood. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 11 Filed: 8/26/2016, Entered: 8/26/2016
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FXCM, Inc. for Forex Capital Markets, LLC. Document filed by Forex Capital Markets, LLC.(Dahan, Israel)
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Legal Document (Payment Possibly Required) 10 Filed: 8/26/2016, Entered: 8/26/2016
NOTICE OF APPEARANCE by William Farnham Johnson on behalf of Forex Capital Markets, LLC. (Johnson, William)
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Legal Document (Payment Possibly Required) 9 Filed: 8/26/2016, Entered: 8/26/2016
NOTICE OF APPEARANCE by Israel Dahan on behalf of Forex Capital Markets, LLC. (Dahan, Israel)
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Legal Document (Payment Possibly Required) 8 Filed: 8/26/2016, Entered: 8/26/2016 Court Filing
ORDER granting 3 Motion for LUKE B. MARSH to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Legal Document (Payment Possibly Required) 7 Filed: 8/26/2016, Entered: 8/26/2016 Court Filing
Vacated as per Judge's Order dated 11/23/2016, Doc. #27. ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Lorna G. Schofield on 8/26/2016) (rjm) Modified on 11/23/2016 (kl).
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Legal Document (Payment Possibly Required) 6 Filed: 8/25/2016, Entered: 8/25/2016
WAIVER OF SERVICE RETURNED EXECUTED. Forex Capital Markets, LLC waiver sent on 8/22/2016, answer due 10/21/2016. Document filed by US Commodity Futures Trading Commission. (Marsh, Luke)
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Legal Document (Payment Possibly Required) 5 Filed: 8/22/2016, Entered: 8/22/2016
CIVIL COVER SHEET filed. (Marsh, Luke)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
Case Designated ECF. (pc)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
Magistrate Judge James L. Cott is so designated. (pc)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (pc)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Luke Blair Marsh. The following case opening statistical information was erroneously selected/entered: Fee Status code none (no fee required). The following correction(s) have been made to your case entry: the Fee Status code has been modified to wv (waived). (pc)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Luke Blair Marsh to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet does not have a signature. (pc)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 MOTION for Saadeh Adel Al-Jurf to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 3 MOTION for Luke B. Marsh 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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Legal Document (Payment Possibly Required) 4 Filed: 8/18/2016, Entered: 8/18/2016
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Saadeh Adel Al-Jurf to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Commodity Futures Trading Commission. (Attachments: # 1 Exhibit Certificate of Good Standing (Virginia), # 2 Exhibit Certificate of Good Standing (DC), # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Al-Jurf, Saadeh) Modified on 8/19/2016 (wb).
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Legal Document (Payment Possibly Required) 3 Filed: 8/18/2016, Entered: 8/18/2016
MOTION for Luke B. Marsh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Commodity Futures Trading Commission.(Marsh, Luke)
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Legal Document (Payment Possibly Required) 2 Filed: 8/18/2016, Entered: 8/18/2016
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Marsh, Luke) Modified on 8/19/2016 (pc).
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Legal Document (Payment Possibly Required) 1 Filed: 8/18/2016, Entered: 8/18/2016
COMPLAINT against Forex Capital Markets, LLC. Document filed by US Commodity Futures Trading Commission.(Marsh, Luke)
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