|
Date Filed
|
#
|
Docket Text
|
| July 25, 2007 |
1
|
COMPLAINT against Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C., Brian Hunter. Document filed by U.S. Commodity Futures Trading Commission.(laq) Additional attachment(s)
added on 7/30/2007 (tro) (Entered: July 26, 2007)
|
| July 25, 2007 |
|
SUMMONS ISSUED as to Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C., Brian Hunter. (laq) (Entered: July 26, 2007)
|
| July 25, 2007 |
|
Magistrate Judge Theodore H. Katz is so designated. (laq) (Entered: July 26, 2007)
|
| July 25, 2007 |
|
Case Designated ECF. (laq) (Entered: July 26, 2007)
|
| August 14, 2007 |
2
|
NOTICE OF APPEARANCE by Manal Sultan on behalf of U.S. Commodity Futures Trading Commission (Sultan, Manal) (Entered: August 14, 2007)
|
| August 16, 2007 |
3
|
MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors
L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has been concluded. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C..(Mollon, David)
(Entered: August 16, 2007)
|
| August 16, 2007 |
4
|
DECLARATION of Nicholas Maounis in Support re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy
Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for
Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and
Amaranth Advisors (Calgary) U.L.C. until this action has. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C.. (Mollon, David) (Entered: August 16, 2007)
|
| August 16, 2007 |
5
|
MEMORANDUM OF LAW in Support re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory
Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for Preliminary
Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth
Advisors (Calgary) U.L.C. until this action has. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C.. (Attachments: # 1 Exhibit A - Complaint# 2 Errata B - press release# 3 Exhibit C - Memorandum of Understanding# 4 Exhibit D part 1 - Show
Cause Order# 5 Exhibit D part 2# 6 Exhibit D part 3# 7 Exhibit E Part 1 - Philip F. Johnson article# 8 Exhibit E Part 2#
9 Exhibit F Part 1 - Order 670# 10 Exhibit F Part 2# 11 Exhibit G - Tina Seeley article)(Mollon, David) (Entered: August 16, 2007)
|
| August 16, 2007 |
6
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Amaranth Management Limited Partnership as Corporate Parent. Document filed by Amaranth Advisors, L.L.C..(Mollon, David) (Entered:
08/16/2007)
|
| August 16, 2007 |
7
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Amaranth Advisors (Luxembourg) S.a.r.l. as Corporate Parent. Document filed by Amaranth Advisors (Calgary) U.L.C..(Mollon, David)
(Entered: August 16, 2007)
|
| August 16, 2007 |
8
|
CERTIFICATE OF SERVICE of Memorandum of Law in Support of Defendants' Motion for a Preliminary Injunction against the Federal Energy Regulatory Commission, and Declaration of Nicholas
Maounis in Support of Defendants' Motion for a Preliminary Injunction served on David W. MacGregor, Esq. (Commodity Futures Trading Commission; Robert Pease, Esq. (Federal Energy
Regulatory Commission); Michael S. Kim, Esq. (Kobre & Kim LLP) on August 14, 2007. Service was made by E-Mail and Hand delivery upon D. MacGregor; Email and Overnight Delivery upon R.
Pease, and M. Kim. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C.. (Mollon, David) (Entered: August 16, 2007)
|
| September 5, 2007 |
9
|
MOTION for Leave to File Excess Pages. Document filed by Federal Energy Regulatory Commission.(Bellas, Leslie) (Entered: September 5, 2007)
|
| September 5, 2007 |
10
|
CERTIFICATE of Counsel by Leslie Beth Bellas on behalf of Federal Energy Regulatory Commission. Re: 9 MOTION for Leave to File
Excess Pages.. (Bellas, Leslie) (Entered: September 5, 2007)
|
| September 5, 2007 |
11
|
TRANSCRIPT of proceedings held on 8/16/2007 before Judge Denny Chin. (jp) (Entered: September 5, 2007)
|
| September 10, 2007 |
13
|
MOTION for Patrick Todd Mullins to Appear Pro Hac Vice. Document filed by Federal Energy Regulatory Commission. (jco) (Entered: September 12, 2007)
|
| September 10, 2007 |
14
|
MOTION for Leslie Beth Bellas to Appear Pro Hac Vice. Document filed by Federal Energy Regulatory Commission. (jco) (Entered: September 12, 2007)
|
| September 10, 2007 |
15
|
MOTION for Lee Ann Watson to Appear Pro Hac Vice. Document filed by Federal Energy Regulatory Commission. (jco) (Entered: September 12, 2007)
|
| September 11, 2007 |
12
|
ENDORSED LETTER addressed to Judge Denny chin from Steven M. Schwartz dated 9/6/07 re: the parties jointly respectfully requests a two week extension of the briefing scheduled on
Amaranths motion to stay the FERCs enforcement action pending the resolution of the CFTCs enforcement action. The parties agree to amend the current briefing scheduled as follows:The
Agencies Responses due by 9/21/2007, Amaranths Reply Brief due by 9/26/2007., Hearing set for 10/5/2007 at 02:30 PM before Judge Denny Chin. ENDORSEMENT: So Ordered. (Signed by Judge
Denny Chin on 9/11/07) (pl) (Entered: September 11, 2007)
|
| September 13, 2007 |
16
|
MEMO ENDORSEMENT granting 15 Motion for Lee Ann Watson to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/13/2007) (jmi)
(Entered: September 14, 2007)
|
| September 13, 2007 |
17
|
MEMO ENDORSEMENT granting 13 Motion for Patrick Todd Mullins to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/13/2007)
(jmi) (Entered: September 14, 2007)
|
| September 13, 2007 |
18
|
MEMO ENDORSEMENT granting 14 Motion for Leslie Beth Bellas to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/13/2007)
(jmi) (Entered: September 14, 2007)
|
| September 13, 2007 |
|
Transmission to Attorney Admissions Clerk. Transmitted re: 17 Order on Motion to Appear Pro Hac Vice, 18 Order on Motion to Appear Pro Hac Vice, 16 Order on Motion to Appear
Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: September 14, 2007)
|
| September 13, 2007 |
21
|
MOTION for David W. MacGregor to Appear Pro Hac Vice. Document filed by U.S. Commodity Futures Trading Commission. (jco) (Entered: September 18, 2007)
|
| September 17, 2007 |
19
|
ENDORSED LETTER addressed to Judge Denny Chin from Peter J. Hopkins dated 9/14/07 re: request leave to file an amicus brief on behalf of the American Public Gas Association, the American
Public Power Association (APPA), and the National Rural Electric Cooperative Association in the above matter. ENDORSEMENT: Application GRANTED. Local counsel is not required. The amicus
brief shall be filed by 9/21/07. (Signed by Judge Denny Chin on 9/17/07) (js) (Entered: September 18, 2007)
|
| September 17, 2007 |
20
|
ENDORSED LETTER addressed to Judge Denny Chin from James Bradford Ramsay dated 9/17/07 re: For the foregoing reasons, NARUC respectfully submits that, as entities with a compelling
interest in these proceedings, we should be granted permission to file a memorandum of law addressing the merits as amicus curiae. Should the Court grant leave to file, we will move for
leave to appear pro-hac vice. As per the attached certificate of service, NARUC has served this request via fax (and e-mail) to the parties to this proceeding before sending it to the
Court. ENDORSEMENT: Approved. but the Amnicus brief must be filed by 9/21/07. So Ordered. (Signed by Judge Denny Chin on 9/17/07) (js) (Entered: September 18, 2007)
|
| September 18, 2007 |
22
|
WAIVER OF SERVICE RETURNED EXECUTED. Amaranth Advisors, L.L.C. waiver sent on 7/30/2007, answer due 9/28/2007. Document filed by U.S. Commodity Futures Trading Commission. (Sultan, Manal)
(Entered: September 18, 2007)
|
| September 18, 2007 |
23
|
WAIVER OF SERVICE RETURNED EXECUTED. Amaranth Advisors (Calgary) U.L.C. waiver sent on 7/30/2007, answer due 9/28/2007. Document filed by U.S. Commodity Futures Trading Commission.
(Sultan, Manal) (Entered: September 18, 2007)
|
| September 18, 2007 |
24
|
WAIVER OF SERVICE RETURNED EXECUTED. Brian Hunter waiver sent on 7/30/2007, answer due 9/28/2007. Document filed by U.S. Commodity Futures Trading Commission. (Sultan, Manal) (Entered:
09/18/2007)
|
| September 20, 2007 |
25
|
ENDORSED LETTER addressed to Judge Denny Chin from James Bradford Ramsay dated 9/18/07 re: Counsel for the Nat'l Association of Regulatory Utility Commissioners requests that the court
waive the local counsel requirement. ENDORSEMENT: the requirement is waived. So Ordered. (Signed by Judge Leonard B. Sand on 9/20/07) (pl) (Entered: September 20, 2007)
|
| September 20, 2007 |
26
|
STIPULATION AND ORDER REGARDING TIME FOR SERVICE OF ANSWER TO COMPLAINT; That having received timely notice of the action and timely returned waivers of service, Defendants shall serve
the answer to the complaint by no later than 10/29/07; the Clerk of Court is hereby directed to correct the docket to reflect that Defendants answers to the complaint are due no later
than 10/29/07; the foregoing return date remains subject to the time limits set forth in F.RC.P. 12(a)(4). (Signed by Judge Denny Chin on 9/20/07) (pl) (Entered: September 20, 2007)
|
| September 20, 2007 |
27
|
ENDORSED LETTER addressed to Judge Denny Chin from Mark D. Young dated 9/19/07 re: counsel for plaintiffs respectfully suggest that the Futures Groups memorandum of law might be most
helpful to the Court if filed concurrently with Amaranths reply brief, now due to be filed on 9/26/07. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 9/20/07) (pl)
(Entered: September 20, 2007)
|
| September 21, 2007 |
28
|
ORDER The Agencies' Responses to Brief due by 9/28/2007, Amaranth's Replies due by 10/3/2007, Hearing 10/5/2007 at 2:30. The deadlines for amicus briefs are extended by one week. SO
ORDERED (Signed by Judge Denny Chin on 9/21/2007) (jmi) (Entered: September 24, 2007)
|
| September 24, 2007 |
29
|
MEMO-ENDORSEMENT re: granting 21 Motion for David W. MacGregor to Appear Pro Hac Vice. ENDORSEMENT: Motion Granted. So
Ordered. (Signed by Judge Denny Chin on 9/24/07) (pl) Modified on 9/24/2007 (Lancaster, Patricia). (Entered: September 24, 2007)
|
| September 24, 2007 |
30
|
ENDORSED LETTER addressed to Judge Denny Chin from Greg Zerzan dated 9/20/07 re: International Swaps and Derivative Association, Inc. (ISDA) requests leave to file papers, amicus curiae,
in this matter. ENDORSEMENT: ISDA may file as amicus; no pro hac motion is needed; its papers are due when Amaranths reply papers are due. (Signed by Judge Denny Chin on 9/24/07) (pl)
Modified on 9/24/2007 (Lancaster, Patricia). (Entered: September 24, 2007)
|
| September 24, 2007 |
|
Transmission to Attorney Admissions Clerk. Transmitted re: 30 Endorsed Letter,, to the Attorney Admissions Clerk for updating
of Attorney Information. (pl) (Entered: September 24, 2007)
|
| September 28, 2007 |
31
|
MEMORANDUM OF LAW in Opposition re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory
Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for Preliminary
Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth
Advisors (Calgary) U.L.C. until this action has. Document filed by U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E: Part 1# 6 Exhibit E: Part 2# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit F# 12 Affidavit Certificate of Service)(Sultan, Manal)
(Entered: September 28, 2007)
|
| September 28, 2007 |
32
|
THIRD PARTY MEMORANDUM OF LAW in Opposition re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy
Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for
Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and
Amaranth Advisors (Calgary) U.L.C. until this action has. Document filed by Federal Energy Regulatory Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 4a# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24# 26 Exhibit 25# 27 Exhibit 26# 28 Exhibit 27# 29 Exhibit 28)(Bellas, Leslie) (Entered: September 28, 2007)
|
| September 28, 2007 |
33
|
CERTIFICATE OF SERVICE of Opposition to Motion served on CFTC and Amaranth on 9/28/07. Service was made by Mail. Document filed by Federal Energy Regulatory Commission. (Bellas, Leslie)
(Entered: September 28, 2007)
|
| September 28, 2007 |
34
|
MEMORANDUM OF LAW in Opposition re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory
Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for Preliminary
Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth
Advisors (Calgary) U.L.C. until this action has been decided. Document filed by Spiegel & McDiarmid. (Davidson, Daniel) (Entered: September 28, 2007)
|
| September 28, 2007 |
35
|
MOTION for Bradford M. Berry to Appear Pro Hac Vice. Document filed by U.S. Commodity Futures Trading Commission. (jco) (Entered: October 1, 2007)
|
| October 3, 2007 |
36
|
MEMORANDUM OF LAW in Support re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory
Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for Preliminary
Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth
Advisors (Calgary) U.L.C. until this action has. Document filed by Futures Industry Association, Inc., Managed Funds Association, Inc., New York Mercantile Exchange, Inc., Chicago
Mercantile Exchange Group, Inc., International Swaps and Derivatives Association, Inc.. (Leon, Eric) (Entered: October 3, 2007)
|
| October 3, 2007 |
37
|
DECLARATION of Mark D. Young in Support re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy
Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for
Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and
Amaranth Advisors (Calgary) U.L.C. until this action has. Document filed by Futures Industry Association, Inc., Managed Funds Association, Inc., New York Mercantile Exchange, Inc.,
Chicago Mercantile Exchange Group, Inc., International Swaps and Derivatives Association, Inc.. (Attachments: # 1 Exhibit A
-E# 2 Exhibit F# 3 Exhibit G)(Leon, Eric) (Entered: October 3, 2007)
|
| October 3, 2007 |
38
|
REPLY MEMORANDUM OF LAW in Support re: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy
Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has MOTION for
Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and
Amaranth Advisors (Calgary) U.L.C. until this action has concluded. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Certificate of Service)(Mollon, David) (Entered:
10/03/2007)
|
| October 3, 2007 |
39
|
MOTION for Stephen J. Senderowitz to Appear Pro Hac Vice. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C. (jco) (Entered: October 4, 2007)
|
| October 10, 2007 |
|
CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/03/2007, Receipt Number 628588.
(jd) (Entered: October 10, 2007)
|
| October 10, 2007 |
40
|
MEMO ENDORSEMENT granting 35 Motion for Bradford M. Berry to Appear Pro Hac Vice for plaintiff U.S. Commodity Futures Trading
Commission. (Signed by Judge Denny Chin on 10/10/07) (db) (Entered: October 10, 2007)
|
| October 10, 2007 |
41
|
MEMO ENDORSEMENT granting 39 Motion for Stephen J. Senderowitz to Appear Pro Hac Vice for defendants Amaranth Advisors, L.L.C.
and Amaranth Advisors. (Signed by Judge Denny Chin on 10/10/07) (db) (Entered: October 10, 2007)
|
| October 12, 2007 |
|
Transmission to Attorney Admissions Clerk. Transmitted re: 41 Order on Motion to Appear Pro Hac Vice, 40 Order on Motion to Appear Pro Hac Vice to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered:
10/12/2007)
|
| November 1, 2007 |
42
|
OPINION # 95387: 3 MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from
prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has been concluded. I conclude that
defendants have failed to satisfy the requirements for a preliminary injunction under Rule 65 and the All-Writs Act. The question of FERC's jurisdiction over the defendants is statutorily
committed to a court of appeals, so the Court lacks jurisdiction to decide this issue. For these reasons, defendants' motion for a preliminary injunction against FERC is denied. Although
I decline to enjoin FERC from proceeding with its administrative action, I do note that Congress intended the CFTC and FERC to coordinate their efforts, at least to some degree.
Amaranth's concern is having to defend itself in two separate actions for the violations of two Acts based on the same underlying conduct does not justify a stay of the FERC proceeding,
but the concern is understandable. Accordingly, I urge FERC to work with the CFTC and Amaranth to coordinate their efforts in the two proceedings, to maximize efficiency and minimize
duplication. (Signed by Judge Denny Chin on 11/1/2007) (jar) Modified on 11/9/2007 (db). (Entered: November 1, 2007)
|
| November 1, 2007 |
43
|
MEMO ENDORSEMENT that for the reasons set forth in the Opinion dated 11/1/07, the motion is denied re 3 MOTION for Preliminary
Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth
Advisors (Calgary) U.L.C. until this action has MOTION for Preliminary Injunction for an order staying the Federal Energy Regulatory Commission from prosecuting an administrative
proceeding against Defendants Amaranth Advisors L.L.C., and Amaranth Advisors (Calgary) U.L.C. until this action has filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C.
(Signed by Judge Denny Chin on 11/1/07) (cd) (Entered: November 1, 2007)
|
| November 6, 2007 |
44
|
TRANSCRIPT of proceedings held on 10/05/07 before Judge Denny Chin. (es) (Entered: November 6, 2007)
|
| November 8, 2007 |
45
|
MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R. Civ. P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with
particularity. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C..Responses due by 12/20/2007 (Attachments: # 1 Certificate of Service)(Schwartz, Steven) (Entered: November 8, 2007)
|
| November 8, 2007 |
46
|
MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R. Civ. P.
12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity. MOTION to Dismiss the action for failure to state a claim, pursuant
to Fed R. Civ. P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity.. Document filed by Amaranth Advisors, L.L.C.,
Amaranth Advisors (Calgary) U.L.C.. (Schwartz, Steven) (Entered: November 8, 2007)
|
| November 8, 2007 |
47
|
MOTION to Dismiss the Complaint. Document filed by Brian Hunter.Responses due by 12/20/2007(Kim, Michael) (Entered: November 8, 2007)
|
| November 8, 2007 |
48
|
MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss the Complaint.. Document filed by Brian Hunter. (Kim, Michael)
(Entered: November 8, 2007)
|
| December 4, 2007 |
49
|
MOTION for W. Derek Shakabpa to Appear Pro Hac Vice for Plaintiff. Document filed by U.S. Commodity Futures Trading Commission.(db) (Entered: December 11, 2007)
|
| December 17, 2007 |
50
|
ORDER granting 49 Motion for W. Derek Shakabpa to Appear Pro Hac Vice for plaintiff U.S. Commodity Futures Trading Commission.
(Signed by Judge Denny Chin on 12/17/07) (db) (Entered: December 17, 2007)
|
| December 17, 2007 |
|
Transmission to Attorney Admissions Clerk. Transmitted re: 50 Order on Motion to Appear Pro Hac Vice to the Attorney
Admissions Clerk for updating of Attorney Information. (db) (Entered: December 17, 2007)
|
| December 20, 2007 |
51
|
MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R. Civ.
P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity. MOTION to Dismiss the action for failure to state a claim,
pursuant to Fed R. Civ. P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity., 47 MOTION to Dismiss the Complaint.. Document filed by U.S. Commodity Futures Trading Commission. (Attachments: # 1 Affidavit Of Michael C. McLaughlin, # 2 Exhibit Ex. 1-6 to McLaughlin
Affidavit, # 3 Exhibit Ex. 7-17 to McLaughlin Affidavit, # 4
Exhibit Ex. 18-27 to McLaughlin Affidavit)(Sultan, Manal) (Entered: December 20, 2007)
|
| January 10, 2008 |
52
|
REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R.
Civ. P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity. MOTION to Dismiss the action for failure to state a claim,
pursuant to Fed R. Civ. P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity.. Document filed by Amaranth Advisors,
L.L.C., Amaranth Advisors (Calgary) U.L.C.. (Attachments: # 1 Certificate of Service)(Schwartz, Steven) (Entered: January 10, 2008)
|
| January 10, 2008 |
53
|
REPLY MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss the Complaint.. Document filed by Brian Hunter. (Kim,
Michael) (Entered: January 10, 2008)
|
| May 21, 2008 |
54
|
OPINION #96077 re: 45 MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R. Civ. P. 12(b)(6), or in
the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity. MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R. Civ.
P. 12(b)(6), or in the alternative, pursuant to Fed. R. Civ. P. 9(b) for failure to plead fraud with particularity filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary)
U.L.C., 47 MOTION to Dismiss the Complaint filed by Brian Hunter. Defendants' motions to dismiss are denied. Counsel
shall appear for a pretrial conference on June 13, 2008, at 10:00 a.m. (Signed by Judge Denny Chin on 5/21/08) (tro) Modified on 5/23/2008 (tro). (Entered: May 21, 2008)
|
| May 21, 2008 |
|
Set Deadlines/Hearings: Pretrial Conference set for 6/13/2008 at 10:00 AM before Judge Denny Chin. (tro) (Entered: May 21, 2008)
|
| June 2, 2008 |
55
|
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record that the time for each of the
Defendants to file an answer to the Complaint is extended to and including July 9, 2008. Amaranth Advisors, L.L.C. answer due 7/9/2008; Amaranth Advisors (Calgary) U.L.C. answer due
7/9/2008; Brian Hunter answer due 7/9/2008. (Signed by Judge Denny Chin on 6/2/2008) (rw) (Entered: June 2, 2008)
|
| June 5, 2008 |
56
|
JOINT MOTION for Reconsideration re; 54 Memorandum & Opinion,,, denying Defendants' Motions to Dismiss. Document
filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C., Brian Hunter.(Mollon, David) (Entered: June 5, 2008)
|
| June 5, 2008 |
57
|
MEMORANDUM OF LAW in Support re: 56 JOINT MOTION for Reconsideration re; 54 Memorandum & Opinion,,, denying Defendants' Motions to Dismiss.. Document filed by Amaranth Advisors, L.L.C., Amaranth
Advisors (Calgary) U.L.C., Brian Hunter. (Mollon, David) (Entered: June 5, 2008)
|
| June 5, 2008 |
58
|
CERTIFICATE OF SERVICE of Joint Motion for Reconsideration of the Court's May 21, 2008 Decision served on U.S. Commodity Futures Trading Commission on 06/05/2008. Service was accepted by
Keithe Karas. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C., Brian Hunter. (Mollon, David) (Entered: June 5, 2008)
|
| June 10, 2008 |
59
|
MEMORANDUM DECISION: For foregoing reasons, defendants' motion for reconsideration is denied. (Signed by Judge Denny Chin on 6/10/2008) (jpo) (Entered: June 10, 2008)
|
| July 9, 2008 |
60
|
NOTICE OF APPEARANCE by Zaharah Rachel Markoe on behalf of Brian Hunter (Markoe, Zaharah) (Entered: July 9, 2008)
|
| July 9, 2008 |
61
|
NOTICE OF APPEARANCE by Michael Sangyun Kim on behalf of Brian Hunter (Kim, Michael) (Entered: July 9, 2008)
|
| July 9, 2008 |
62
|
ANSWER to Complaint with JURY DEMAND. Document filed by Brian Hunter.(Kim, Michael) (Entered: July 9, 2008)
|
| July 9, 2008 |
63
|
ANSWER to Complaint. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C..(Mollon, David) (Entered: July 9, 2008)
|
| July 10, 2008 |
64
|
NOTICE OF APPEARANCE by Matthew I. Menchel on behalf of Brian Hunter (Menchel, Matthew) (Entered: July 10, 2008)
|
| July 10, 2008 |
65
|
CERTIFICATE OF SERVICE of Answer to Complaint served on U.S. Commodity Futures Trading Commission, Brian Hunter on July 9, 2008 (ecf and email), and July 10, 2008 (by hand delivery to
U.S. Commodity Futures Commission). Service was accepted by Receptionist "Keith" on July 10, 2008. Document filed by Amaranth Advisors, L.L.C., Amaranth Advisors (Calgary) U.L.C..
(Mollon, David) (Entered: July 10, 2008)
|
| July 28, 2008 |
66
|
MOTION for Leanne A. Bortner to Appear Pro Hac Vice. Document filed by Brian Hunter.(dle) (Entered: July 30, 2008)
|
| July 31, 2008 |
|
CASHIERS OFFICE REMARK on 66 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/29/2008, Receipt Number 657855.
(jd) (Entered: July 31, 2008)
|
| August 8, 2008 |
67
|
ORDER: It is hereby Ordered that Leanne A. Bortner is granted admission to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 8/8/2008) (jfe) (Entered: August 8, 2008)
|
| August 8, 2008 |
|
Transmission to Attorney Admissions Clerk. Transmitted re: 67 Order on Motion to Appear Pro Hac Vice, to the Attorney
Admissions Clerk for updating of Attorney Information. (jfe) (Entered: October 7, 2008)
|
| August 11, 2008 |
68
|
NOTICE OF APPEARANCE by Leanne A. Bortner on behalf of Brian Hunter (Bortner, Leanne) (Entered: August 11, 2008)
|
| November 25, 2008 |
69
|
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Denny Chin on 11/25/08) (cd) (Entered:
11/26/2008)
|
| March 13, 2009 |
70
|
AMENDED STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Denny Chin on 3/13/09) (js)
(Entered: March 13, 2009)
|
| April 29, 2009 |
71
|
ORDER, the Court has received letters from defendant Brian Hunter dated 4/20/09 and non-party CME Group and its subsidiary the NY Mercantile Exchange dated 4/22/09. Hunter seeks the
production of certain documents from NYMEX. It is hereby ordered as follows: First, NYMEX shall produce the MS-02-06 investigative file.....Second, Amaranth entries on NYMEX's Market
Surveillance Log shall be produced, pursuant to Federal Rule of Evidence 612. Third, defendants' counsel may review the original MS-06-04 investigative file at NYMEX's or its counsel's
offices to ensure that no relevant documents have been excluded from production. (Signed by Judge Denny Chin on 4/29/09) (cd) (Entered: April 30, 2009)
|
| June 22, 2009 |
72
|
ENDORSED LETTER addressed to Judge Denny Chin from Steven Schwartz dated 6/18/09 re: Request that the discovery deadline be extended from 6/26/09 to 7/31/09 and that the conference set
for 6/26/09 be adjourned as well. ENDORSEMENT: Approved. The discovery cut-off is extended until 7/24/09. A pretrial conference will be held the same day at 11 am. ( Discovery due by
7/24/2009. Pretrial Conference set for 7/24/2009 at 11:00 AM before Judge Denny Chin.) (Signed by Judge Denny Chin on 6/22/09) (cd) (Entered: June 23, 2009)
|
| August 12, 2009 |
73
|
CONSENT ORDER OF PERMANENT INJUNCTION, CIVIL MONETARY PENALTY AND OTHER RELIEF AS TO DEFENDANTS AMARANTH ADVISORS L.L.C. AND AMARANTH ADVISORS (CALGARY) ULC: The Amaranth Defendants are
permanently restrained, enjoined and prohibited from directly or indirectly engaging in any conduct that violates Sections 6(c), 6(d), and 9(a)(2) of the Act, 7 U.S.C. §§ 9, 13b, and
13(a)(2) (2006), including manipulating or attempting to manipulate the price ofany commodity in interstate commerce or for future delivery on or subject to the rules of a registered
entity as further set forth in this Order. The Amaranth Defendants agree to a joint and several civil monetary penalty in the amount of $7.5 million ($7,500,000), plus post-judgment
interest, pursuant to Section 6c of the Act, 7 U.S.C. §13a-1 (the "CMP Obligation"), to be paid in accordance with paragraphs 3, 4and 7 below and as further set forth in this Order. This
Order incorporates all of the terms and conditions of the settlement among the parties. Nothing shall serve to amend or modify this Order in any respect whatsoever, unless: (l) reduced to
writing, (2) signed by all parties, and (3) approved by order of the Court. There being no just reason for delay, the Clerk of the Court is hereby directed to enter this Consent Order of
Permanent Injunction, Civil Monetary Penalty and Other Relief as to Defendants Amaranth Advisors L.L.C. and Amaranth Advisors (Calgary) ULC. SO ORDERED. (Signed by Judge Denny Chin on
8/12/2009) (tve) Modified on 8/21/2009 (jf). Modified on 8/21/2009 (jf). (Entered: August 12, 2009)
|
| August 12, 2009 |
74
|
CONSENT JUDGMENT # 09,1586 in favor of U.S. Commodity Futures Trading Commission against Amaranth Advisors (Calgary) U.L.C., Amaranth Advisors, L.L.C. in the amount of $ 7,500.000.00.
(Signed by Judge Denny Chin on 8/12/2009) (dt) (Entered: August 21, 2009)
|
| September 14, 2009 |
75
|
ENDORSED LETTER addressed to Judge Denny Chin from Matthew I. Menchel dated 9/10/2009 re: Counsel respectfully propose setting the discovery deadline for Friday, November 13, 2009.
ENDORSEMENT: Approved - Final. So Ordered. (Signed by Judge Denny Chin on 9/14/2009) (jfe) (Entered: September 14, 2009)
|
