MOTION for Leave to File Excess Pages for Omnibus Brief in Response to All Defendants' Motions to Dismiss by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # (1) Text of Proposed Order)(Scarlato, Matthew)
Page 1 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
Plaintiff,
)
)
v.
)
)
BINANCE HOLDINGS LIMITED,
)
BAM TRADING SERVICES INC.,
)
BAM MANAGEMENT US HOLDINGS
)
INC., AND CHANGPENG ZHAO,
)
)
Defendants.
)
__________________________________________)
No. 1:23-cv-01599-ABJ-ZMF
PLAINTIFF SECURITIES AND EXCHANGE COMMISSION’S MOTION
FOR LEAVE TO FILE AN OMNIBUS BRIEF IN EXCESS OF THE LOCAL
RULE’S PAGE LIMITS IN RESPONSE TO ALL DEFENDANTS’ MOTIONS TO DISMISS
Plaintiff Securities and Exchange Commission (“SEC”) respectfully moves this Court for an
order granting leave for the SEC to file an omnibus brief of no more than 80 pages in response to (1)
the motion to dismiss the Complaint filed by Defendants BAM Trading Services Inc. and BAM
Management US Holdings Inc. (collectively, “BAM”), (Dkt. No. 117), and (2) the joint motion to
dismiss the Complaint filed by Defendants Binance Holdings Limited and Changpeng Zhao
(collectively, “Binance Defendants”), (Dkt. No. 118). Defendants have represented to the SEC that
they take no position on this Motion.
On June 6, 2023, the SEC filed its Complaint against Defendants that alleges 13 Claims for
Relief. (Dkt. No. 1.) On September 21, 2023, BAM moved to dismiss all claims against BAM and
filed a 45-page memorandum in support of its motion. (Dkt. No. 117-1.) That same day, the Binance
Defendants moved to dismiss the claims against them and filed a 45-page memorandum in support of
their motion. (Dkt. No. 118.) In their respective memoranda, Defendants raise numerous andPage 2 sometimes overlapping legal arguments in support of their motions.
The SEC’s responses to these motions are due November 7, 2023. (Order, Dkt. No. 88.)
Under Local Rule 7(e), the SEC is permitted 45 pages for each opposition brief, for a total of pages. Rather than filing separate briefs responding to each motion, the SEC respectfully submits that
it is in the interests of judicial economy to permit the SEC to respond to both motions in an omnibus
brief, and, given the numerous arguments Defendants raise in their collective 90 pages of briefing, this
Court should order an enlargement of Local Rule 7(e)’s 45-page limit to permit the SEC to file an
omnibus response that does not exceed 80 pages.
Accordingly, the SEC respectfully requests that this Court grant this Motion.
Dated: October 20,
Respectfully submitted,
s/ Matthew Scarlato
Matthew Scarlato (D.C. Bar No. 484124)
Jennifer L. Farer (D.C. Bar No. 1013915)
J. Emmett Murphy
David A. Nasse (D.C. Bar No. 1002567)
Jorge G. Tenreiro
Elisa S. Solomon
SECURITIES AND EXCHANGE COMMISSION
100 F Street, NE,
Washington, DC (202) 551-3479 (Scarlato)
scarlatom@sec.gov
Attorneys for Plaintiff
PDF Page 1
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Case 1:23-cv-01599-ABJ-ZMF Document 163 Filed 10/20/23 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
Plaintiff,
)
)
v.
)
)
BINANCE HOLDINGS LIMITED,
)
BAM TRADING SERVICES INC.,
)
BAM MANAGEMENT US HOLDINGS
)
INC., AND CHANGPENG ZHAO,
)
)
Defendants.
)
__________________________________________)
No. 1:23-cv-01599-ABJ-ZMF
PLAINTIFF SECURITIES AND EXCHANGE COMMISSION’S MOTION
FOR LEAVE TO FILE AN OMNIBUS BRIEF IN EXCESS OF THE LOCAL
RULE’S PAGE LIMITS IN RESPONSE TO ALL DEFENDANTS’ MOTIONS TO DISMISS
Plaintiff Securities and Exchange Commission (“SEC”) respectfully moves this Court for an
order granting leave for the SEC to file an omnibus brief of no more than 80 pages in response to (1)
the motion to dismiss the Complaint filed by Defendants BAM Trading Services Inc. and BAM
Management US Holdings Inc. (collectively, “BAM”), (Dkt. No. 117), and (2) the joint motion to
dismiss the Complaint filed by Defendants Binance Holdings Limited and Changpeng Zhao
(collectively, “Binance Defendants”), (Dkt. No. 118). Defendants have represented to the SEC that
they take no position on this Motion.
On June 6, 2023, the SEC filed its Complaint against Defendants that alleges 13 Claims for
Relief. (Dkt. No. 1.) On September 21, 2023, BAM moved to dismiss all claims against BAM and
filed a 45-page memorandum in support of its motion. (Dkt. No. 117-1.) That same day, the Binance
Defendants moved to dismiss the claims against them and filed a 45-page memorandum in support of
their motion. (Dkt. No. 118.) In their respective memoranda, Defendants raise numerous and
PDF Page 3
Case 1:23-cv-01599-ABJ-ZMF Document 163 Filed 10/20/23 Page 2 of 2
sometimes overlapping legal arguments in support of their motions.
The SEC’s responses to these motions are due November 7, 2023. (Order, Dkt. No. 88.)
Under Local Rule 7(e), the SEC is permitted 45 pages for each opposition brief, for a total of 90
pages. Rather than filing separate briefs responding to each motion, the SEC respectfully submits that
it is in the interests of judicial economy to permit the SEC to respond to both motions in an omnibus
brief, and, given the numerous arguments Defendants raise in their collective 90 pages of briefing, this
Court should order an enlargement of Local Rule 7(e)’s 45-page limit to permit the SEC to file an
omnibus response that does not exceed 80 pages.
Accordingly, the SEC respectfully requests that this Court grant this Motion.
Dated: October 20, 2023
Respectfully submitted,
s/ Matthew Scarlato
Matthew Scarlato (D.C. Bar No. 484124)
Jennifer L. Farer (D.C. Bar No. 1013915)
J. Emmett Murphy
David A. Nasse (D.C. Bar No. 1002567)
Jorge G. Tenreiro
Elisa S. Solomon
SECURITIES AND EXCHANGE COMMISSION
100 F Street, NE,
Washington, DC 20549
(202) 551-3479 (Scarlato)
scarlatom@sec.gov
Attorneys for Plaintiff
2
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