| Court: | cod |
| Docket #: | 1:11-cv-02887 |
| Case Name: | U.S. Commodity Futures Trading Commission v. Trimble et al |
| PACER case #: | 129386 |
| Date filed: | 2011-11-07 |
| Date terminated: | 2013-03-22 |
| Assigned to: | Judge Philip A. Brimmer |
| Referred to: | Magistrate Judge Kathleen M. Tafoya |
| Case Cause: | 07:0001 Commodity Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| U.S. Commodity Futures Trading Commission Plaintiff |
Brigitte Christine Weyls Rosemary C. Hollinger Scott Robert Williamson Susan Jill Gradman |
| Nicholas Trimble Defendant |
Nicholas Trimble |
| Capstone Quantitative Analysis, Inc. Defendant TERMINATED: 01/28/2013 |
|
| Beekeepers Fund Capital Management, LLC Defendant TERMINATED: 01/28/2013 |
|
| James Harvey Intervenor TERMINATED: 06/20/2012 |
David M. Tenner |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-11-07 | 1 | 0 | COMPLAINT for Injunctive Relief, Civil Monetary Penalties, and Other Equitable Relief against Beekeepers Fund Capital Management, LLC, Capstone Quantitative Analysis, Inc., Nicholas Trimble Summons Issued, filed by U.S. Commodity Futures Trading Commission. (Attachments: # 1 Civil Cover Sheet)(lyg, ) (Entered: 11/07/2011) | |||
| 1 | 1 | Civil Cover Sheet | ||||
| 2011-11-07 | 2 | 0 | MOTION for Ex-Parte Statutory Restraining Order, by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Information for Ex Parte Staturory [sic] Restraining Order, # 2 Proposed Order (PDF Only))(lyg, ) (Entered: 11/07/2011) | |||
| 2011-11-07 | 3 | 0 | MOTION for Preliminary Injunction, by Plaintiff U.S. Commodity Futures Trading Commission. (lyg, ) (Entered: 11/07/2011) | |||
| 2011-11-07 | 4 | 0 | MOTION for Expedited Discovery, by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only))(lyg, ) (Entered: 11/07/2011) | |||
| 2011-11-07 | 5 | 0 | Memorandum of Points and Authorities in Support of 2 Ex-Parte MOTION for a Statutory Restraining Order, 3 MOTION for Preliminary Injunction and Other Equitable Relief, filed by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Appendix (part 1), # 2 Appendix (part 2), # 3 Appendix (part 3), # 4 Appendix (part 4), # 5 Appendix (part 5))(lyg, ) (Entered: 11/07/2011) | |||
| 2011-11-08 | 6 | 0 | MINUTE ORDER Setting Hearing on 2 Motion for Temporary Restraining Order : Motion Hearing set for 11/8/2011 2:00 PM in Courtroom A 701 before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 11/8/11. Text Only Entry (pabsec) (Entered: 11/08/2011) | |||
| 2011-11-08 | 7 | 0 | MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 11/8/2011. Ordered: Written order shall issue. (Court Reporter: Janet Coppock) (pabcd) (Entered: 11/08/2011) | |||
| 2011-11-08 | 8 | 0 | ORDER granting 2 Motion for Temporary Restraining Order by Judge Philip A. Brimmer on 11/8/11.(pabsec) (Entered: 11/08/2011) | 2011-11-09 08:43:55 | c3bd6d9239d6dd489c29e3372995733ecc7b22a0 | |
| 2011-11-09 | 9 | 0 | ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 11/9/11. (pabsec) (Entered: 11/09/2011) | |||
| 2011-11-09 | 10 | 0 | MEMORANDUM regarding 4 Motion for Expedited Discovery filed by U.S. Commodity Futures Trading Commission. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 11/9/11. Text Only Entry (pabsec) (Entered: 11/09/2011) | |||
| 2011-11-10 | 11 | 0 | ORDER granting 4 Plaintiff's Motion for Expedited Discovery. By Magistrate Judge Kathleen M. Tafoya on 11/10/11.(mnfsl, ) (Entered: 11/10/2011) | |||
| 2011-11-14 | 12 | 0 | ORDER Scheduling Conference set for 2/7/2012 09:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 11/14/2011. (kmtcd) (Entered: 11/14/2011) | 2011-11-15 08:42:43 | 675146a0bd5e0071f083588de8c686c46ff27a47 | |
| 2011-11-15 | 13 | 0 | CERTIFICATE of Mailing/Service re 3 MOTION for Preliminary Injunction, 5 Brief in Support of Motion, 2 MOTION for Temporary Restraining Order, 4 MOTION to Expedite, 8 Order on Motion for TRO by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 11/15/2011) | |||
| 2011-11-21 | 14 | 0 | CERTIFICATE of Mailing/Service re 6 Order Setting Hearing on Motion, 7 Motion Hearing, Terminate Hearings, 11 Order on Motion to Expedite, 12 Order, 13 Certificate of Mailing/Service, 10 Memorandum, 9 Order Referring Case to Magistrate Judge by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 11/21/2011) | |||
| 2011-12-28 | 15 | 0 | WAIVER OF SERVICE Returned Executed by U.S. Commodity Futures Trading Commission. Capstone Quantitative Analysis, Inc. waiver sent on 11/10/2011, answer due 1/9/2012; Nicholas Trimble waiver sent on 11/10/2011, answer due 1/9/2012. (Attachments: # 1 Affidavit Declaration of Service of Summons and Complaint, # 2 Exhibit A through C, # 3 Exhibit D through E, # 4 Exhibit F through G)(Weyls, Brigitte) Modified on 12/29/2011 to correct waiver sent date and answer due date (mnfsl, ). (Entered: 12/28/2011) | |||
| 2011-12-28 | 16 | 0 | Utility Setting/Resetting Deadlines/Hearings: Capstone Quantitative Analysis, Inc. answer due 1/9/2012; Nicholas Trimble answer due 1/9/2012. Pursuant to waiver of service filed 12/28/11. Text Only Entry (mnfsl, ) (Entered: 12/29/2011) | |||
| 2011-12-30 | 17 | 0 | CERTIFICATE of Mailing/Service re 16 Set/Reset Deadlines and Hearings, 15 Waiver of Service Executed, by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 12/30/2011) | |||
| 2012-01-09 | 18 | 0 | RESPONSE to Preliminary Allegations by Defendant Nicholas Trimble. (mnfsl, ) (Entered: 01/09/2012) | |||
| 2012-01-09 | 19 | 0 | MOTION for Hearing/Conference re 3 MOTION for Preliminary Injunction, 5 Brief in Support of Motion, by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 01/09/2012) | |||
| 2012-01-11 | 20 | 0 | CERTIFICATE of Mailing/Service re 19 MOTION for Hearing/Conference re 3 MOTION for Preliminary Injunction, 5 Brief in Support of Motion, by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 01/11/2012) | |||
| 2012-01-11 | 21 | 0 | SUMMONS Returned Executed by U.S. Commodity Futures Trading Commission. Beekeepers Fund Capital Management, LLC served on 1/5/2012, answer due 1/26/2012. (Weyls, Brigitte) (Entered: 01/11/2012) | |||
| 2012-01-31 | 22 | 0 | MOTION for Entry of Default as to Defendant Capstone FX Quantitative Analysis, Inc. by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only), # 2 Affidavit of Counsel in Support of Plaintiff's Application for Entry of Clerk's Default Against Defendant Capstone FX Quantitative Analysis, Inc.)(Weyls, Brigitte) (Entered: 01/31/2012) | |||
| 2012-01-31 | 23 | 0 | MOTION for Entry of Default as to Defendant Beekeepers Fund Capital Management, LLC by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only), # 2 Affidavit in Support of Plaintiff's Application for Entry of Clerk's Default Against Defendant Beekeepers Fund Capital Management, LLC)(Weyls, Brigitte) (Entered: 01/31/2012) | |||
| 2012-01-31 | 24 | 0 | Proposed Scheduling Order by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 01/31/2012) | |||
| 2012-01-31 | 25 | 0 | CERTIFICATE of Mailing/Service re 22 MOTION for Entry of Default as to Defendant Capstone FX Quantitative Analysis, Inc., 24 Proposed Scheduling Order, 23 MOTION for Entry of Default as to Defendant Beekeepers Fund Capital Management, LLC by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 01/31/2012) | |||
| 2012-02-03 | 26 | 0 | Clerk's ENTRY OF DEFAULT as to Beekeepers Fund Capital Management, LLC, Capstone Quantitative Analysis, Inc. re 22 , 23 MOTIONS for Entry of Default. (mnfsl, ) (Entered: 02/03/2012) | |||
| 2012-02-07 | 27 | 0 | MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 2/7/2012. Discovery due by 8/1/2012. Dispositive Motions due by 9/3/2012. Final Pretrial Conference set for 11/8/2012 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (FTR: Courtroom C-201) (kmtcd) (Entered: 02/08/2012) | |||
| 2012-02-07 | 28 | 0 | SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 2/7/2012. (kmtcd) (Entered: 02/08/2012) | |||
| 2012-02-27 | 29 | 0 | Unopposed MOTION for Leave to FILE OVERSIZE BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT BY DEFAULT, ORDER FOR PERMANENT INJUNCTION, CIVIL MONETARY PENALTIES, AND OTHER EQUITABLE RELIEF AGAINST DEFENDANTS CAPSTONE FX QUANTITATIVE ANALYSIS, INC. AND BEEKEEPERS FUND CAPITAL MANAGEMENT, LLC by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weyls, Brigitte) (Entered: 02/27/2012) | |||
| 2012-02-24 | 30 | 0 | RESPONSE to Plaintiff's 23 Application to Enter Default Against Beekeepers Fund Capital Management, LLC filed by Defendant Nicholas Trimble. (mnfsl, ) (Entered: 02/27/2012) | |||
| 2012-02-24 | 31 | 0 | RESPONSE to Plaintiff's 22 Application to Enter Default Against Capstone FX Quantitative Analysis, Inc. filed by Defendant Nicholas Trimble. (mnfsl, ) (Entered: 02/27/2012) | |||
| 2012-02-24 | 32 | 0 | RESPONSE to Plaintiff's Application to Enter Default Against Nicholas J. Trimble filed by Defendant Nicholas Trimble. (mnfsl, ) (Entered: 02/27/2012) | |||
| 2012-02-27 | 33 | 0 | MINUTE ORDER granting 29 Motion for Leave to File Oversize Brief. Plaintiff may file its motion not to exceed 18 pages. By Judge Philip A. Brimmer on 2/27/12. Text Only Entry(pabsec) (Entered: 02/27/2012) | |||
| 2012-03-07 | 34 | 0 | MOTION for Default Judgment as to Defendants Capstone FX Quantitative Analysis, Inc. and Beekeepers Fund Capital Management, LLC by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Motion for Entry of Final Judgment By Default, Order for Permanent Injunction and Other Equitable Relief Against Defendants Capstone FX Quantitative Analysis, Inc. and Beekeepers Fund Capital Management, LLC, # 2 Proposed Order (PDF Only))(Weyls, Brigitte) (Entered: 03/07/2012) | |||
| 2012-03-19 | 35 | 0 | MOTION to Intervene by Intervenor James Harvey. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Intervene of James Harvey)(Tenner, David) (Entered: 03/19/2012) | |||
| 2012-03-19 | 36 | 0 | MOTION to Amend/Correct/Modify 34 MOTION for Default Judgment as to Defendants Capstone FX Quantitative Analysis, Inc. and Beekeepers Fund Capital Management, LLC by Intervenor James Harvey. (Attachments: # 1 Proposed Order (PDF Only) Order for Entry of Final Judgment)(Tenner, David) (Entered: 03/19/2012) | |||
| 2012-03-19 | 37 | 0 | MEMORANDUM regarding 35 MOTION to Intervene filed by James Harvey. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 3/19/12. Text Only Entry (pabcd) (Entered: 03/19/2012) | |||
| 2012-03-23 | 38 | 0 | BRIEF in Opposition to 36 MOTION to Amend/Correct/Modify 34 MOTION for Default Judgment as to Defendants Capstone FX Quantitative Analysis, Inc. and Beekeepers Fund Capital Management, LLC , 35 MOTION to Intervene filed by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit A)(Weyls, Brigitte) (Entered: 03/23/2012) | |||
| 2012-03-28 | 39 | 0 | MOTION to Supplement 3 MOTION for Preliminary Injunction by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only) for Preliminary Injunction and Other Ancillary Relief Against Defendant Nicholas Trimble)(Weyls, Brigitte) (Entered: 03/28/2012) | |||
| 2012-03-30 | 40 | 0 | Request for Enlargement of Time Pursuant to Rule 45(b) C.R.C.P. by Defendant Nicholas Trimble. (mnfsl, ) (Entered: 03/30/2012) | |||
| 2012-03-30 | 41 | 0 | MOTION for Appointment of Counsel by Defendant Nicholas Trimble. (mnfsl, ) (Entered: 03/30/2012) | |||
| 2012-03-30 | 42 | 0 | MEMORANDUM regarding 40 MOTION for Extension of Time, 41 MOTION to Appoint Counsel. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 3/30/12. Text Only Entry (pabsec) (Entered: 03/30/2012) | |||
| 2012-04-03 | 43 | 0 | MINUTE ORDER: Plaintiff shall file a response to 40 MOTION for Enlargement of Time no later than April 5, 2012. By Magistrate Judge Kathleen M. Tafoya on 4/3/12. Text Only Entry (kmtlc1 ) (Entered: 04/03/2012) | |||
| 2012-04-03 | 44 | 0 | ORDER denying 41 Defendant Nicholas Trimble's Motion for Appointment of Counsel. By Magistrate Judge Kathleen M. Tafoya on 4/3/12.(mnfsl, ) (Entered: 04/03/2012) | |||
| 2012-04-04 | 45 | 0 | REPLY to Response to 36 MOTION to Amend/Correct/Modify 34 MOTION for Default Judgment as to Defendants Capstone FX Quantitative Analysis, Inc. and Beekeepers Fund Capital Management, LLC filed by Intervenor James Harvey. (Tenner, David) (Entered: 04/04/2012) | |||
| 2012-04-04 | 46 | 0 | REPLY to Response to 35 MOTION to Intervene filed by Intervenor James Harvey. (Attachments: # 1 Exhibit A)(Tenner, David) (Entered: 04/04/2012) | |||
| 2012-04-05 | 47 | 0 | RESPONSE to 40 MOTION for Extension of Time to Nicholas Trimble filed by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5)(Weyls, Brigitte) (Entered: 04/05/2012) | |||
| 2012-05-08 | 48 | 0 | REPLY to Response to 40 Request for Enlargement of Time filed by Defendant Nicholas Trimble. (This document is actually entitled Supplement Motion for Enlargment [sic] of Time to Provide New Evidence) (mnfsl, ) (Entered: 05/09/2012) | |||
| 2012-05-24 | 49 | 0 | RESPONSE to 40 MOTION for Extension of Time to and Supplement Motion for Enlargement of Time to Provide New Evidence filed by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1 through 3, # 2 Exhibit 4 through 5)(Weyls, Brigitte) (Entered: 05/24/2012) | |||
| 2012-06-06 | 50 | 0 | NOTICE of Subpoena for Deposition by Plaintiff U.S. Commodity Futures Trading Commission (Weyls, Brigitte) (Entered: 06/06/2012) | |||
| 2012-06-20 | 51 | 0 | MINUTE ORDER denying without prejudice 35 Motion to Intervene of James Harvey. By Magistrate Judge Kathleen M. Tafoya on 6/20/12.(mnfsl, ) (Entered: 06/20/2012) | 2012-06-21 07:54:45 | ab87fa7130d003add1f2f935efededba1ec49335 | |
| 2012-07-25 | 52 | 0 | MOTION for Leave to Supplement Evidence in Support of 3 MOTION for Preliminary Injunction by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit, # 2 Proposed Order (PDF Only))(Weyls, Brigitte) (Entered: 07/25/2012) | |||
| 52 | 1 | Exhibit | ||||
| 52 | 2 | Proposed Order (PDF Only) | ||||
| 2012-07-31 | 53 | 0 | Renewed MOTION to Intervene of James Harvey by Intervenor James Harvey. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Tenner, David) (Entered: 07/31/2012) | |||
| 2012-08-01 | 54 | 0 | MEMORANDUM regarding 53 Renewed MOTION to Intervene of James Harvey filed by James Harvey. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 8/1/12. Text Only Entry (pabcd) (Entered: 08/01/2012) | |||
| 2012-08-06 | 55 | 0 | BRIEF in Opposition to 53 Renewed MOTION to Intervene of James Harvey filed by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 08/06/2012) | |||
| 2012-08-14 | 56 | 0 | ORDER denying as moot defendant's 40 Request for Enlargement of Time Pursuant to Rule 45(b) C.R.C.P. On or before 8/24/2012, defendant Nicholas Trimble shall file a response to plaintiff's 3 Motion for Preliminary Injunction. By Judge Philip A. Brimmer on 8/14/12.(mnfsl, ) (Entered: 08/15/2012) | |||
| 2012-08-15 | 57 | 0 | MINUTE ORDER. A hearing on plaintiff's Motion for Preliminary Injunction 3 is set for August 30, 2012 at 8:00 a.m. in Courtroom A 701 before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 8/15/12. Text Only Entry (pabsec) (Entered: 08/15/2012) | |||
| 2012-08-20 | 58 | 0 | REPLY to Response to 53 Renewed MOTION to Intervene of James Harvey filed by Intervenor James Harvey. (Tenner, David) (Entered: 08/20/2012) | |||
| 2012-08-24 | 59 | 0 | MINUTE ORDER granting 52 Motion for Leave to File Supplemental Evidence; denying as moot 19 Motion for Hearing. By Judge Philip A. Brimmer on 8/24/12. Text Only Entry(pabsec) (Entered: 08/24/2012) | |||
| 2012-08-27 | 60 | 0 | MINUTE ORDER. A hearing on the 3 Motion for Preliminary Injunction is set for Thursday, 8/30/2012, at 8:00 AM. On or before 12:00 PM on Wednesday, 8/29/2012, the parties shall file witness lists and exhibit lists in accordance with Practice Standards (Civil Cases), Judge Philip A. Brimmer ยงยง II.D.2, II.C.2. The parties shall also file electronic copies of their exhibits for the preliminary injunction hearing. By Judge Philip A. Brimmer on 8/27/12. (mnfsl, ) (Entered: 08/27/2012) | |||
| 2012-08-27 | 61 | 0 | MOTION for Leave to Allow Witness to Appear Telephonically at August 30, 2012 Hearing re: 3 MOTION for Preliminary Injunction, 60 Minute Order, by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit, # 2 Proposed Order (PDF Only))(Weyls, Brigitte) (Entered: 08/27/2012) | |||
| 2012-08-28 | 62 | 0 | MINUTE ORDER granting 61 Motion for Leave to Allow Witness to Appear by Telephone. Plaintiff's witness James K. Harvey may attend the hearing set for August 30, 2012 at 8:00 a.m. by telephone. At the time instructed by counsel, Mr. Harvey shall call Chambers at 303-335-2794 using a land line, if possible, as opposed to a cell phone. By Judge Philip A. Brimmer on 8/28/12. Text Only Entry(pabsec) (Entered: 08/28/2012) | |||
| 2012-08-28 | 63 | 0 | Exhibit List and Exhibits re: Hearing on Motion for Preliminary Injunction by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1 through 5, # 2 Exhibit 6 through 20, # 3 Exhibit 21 through 30, # 4 Exhibit 31 through 37)(Weyls, Brigitte) (Entered: 08/28/2012) | |||
| 2012-08-28 | 64 | 0 | Witness List re Hearing on Plaintiff's Motion for Preliminary Injunction by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 08/28/2012) | |||
| 2012-08-30 | 65 | 0 | MOTION for Extension of Time to Modify February 7, 2012 Scheduling Order by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit 1)(Weyls, Brigitte) (Entered: 08/30/2012) | |||
| 2012-08-30 | 66 | 0 | MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 8/30/2012. Taking under advisement 3 Motion for Preliminary Injunction. Court Reporter: Janet Coppock. (pabcd) (Entered: 08/31/2012) | |||
| 2012-09-04 | 67 | 0 | MEMORANDUM regarding 65 MOTION for Extension of Time to Modify February 7, 2012 Scheduling Order filed by U.S. Commodity Futures Trading Commission. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 9/4/12. Text Only Entry (pabsec) (Entered: 09/04/2012) | |||
| 2012-09-04 | 68 | 0 | MINUTE ORDER granting 65 Motion to Modify the February 7, 2012 Scheduling Order and for Extension of Time to File Dispositive Motions. The dispositive motions deadline is extended to 9/24/2012. Additionally, the Final Pretrial Conference is reset to 11/27/2012 at 9:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 9/4/12. Text Only Entry(kmtlc1 ) (Entered: 09/04/2012) | |||
| 2012-09-10 | 69 | 0 | MINUTE ORDER. Plaintiff shall file its revised order for preliminary injunction on or before 12:00 p.m. on Thursday, September 13, 2012. By Judge Philip A. Brimmer on 9/10/12. (pabsec) (Entered: 09/10/2012) | |||
| 2012-09-11 | 70 | 0 | TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on August 30, 2012 before Judge Philip A. Brimmer. Pages: 1-78. <P> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 12/13/2012. (Coppock, Janet) (Entered: 09/11/2012) | |||
| 2012-09-13 | 71 | 0 | NOTICE re 3 MOTION for Preliminary Injunction and Proposed Order re Preliminary Injunction by Plaintiff U.S. Commodity Futures Trading Commission (Attachments: # 1 Certificate of Service)(Weyls, Brigitte) (Entered: 09/13/2012) | |||
| 2012-09-21 | 72 | 0 | MOTION to Amend/Correct/Modify 70 Transcript,,, by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weyls, Brigitte) (Entered: 09/21/2012) | |||
| 2012-09-24 | 73 | 0 | MINUTE ORDER. Plaintiff U.S. Commodity Futures Trading Commission shall indicate, on or before 9/26/2012, the basis for notice having been given to Capstone and Beekeepers as to them being the subjects of the 9/30/2012 preliminary injunction hearing and, if so, how service was made on them. Plaintiff's 72 Motion for Leave to Amend the Proffered Testimony Offered in Support of Plaintiff's Motion for Preliminary Injunction against Defendants is granted. Lines 12 to 17 of page 36 of the 70 transcript of the 8/30/2012 preliminary injunction hearing will be stricken and Exhibits 34 to 37 are admitted into evidence for purposes of the 8/30/2012 preliminary injunction hearing based on Joseph Patrick's post-hearing review of the audio portion of the telephone calls. By Judge Philip A. Brimmer on 9/24/12.(mnfsl, ) (Entered: 09/24/2012) | 2012-09-25 08:47:24 | c88589e4bf8dfbef77a6e6745f882e125c17f2f2 | |
| 2012-09-24 | 74 | 0 | MOTION for Leave to File Oversize Brief, Instanter, in Support of Motion for Summary Judgment Against Defendant Nicholas Trimble, by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weyls, Brigitte) (Entered: 09/24/2012) | |||
| 2012-09-24 | 75 | 0 | MINUTE ORDER granting 74 Motion for Leave to File Oversize Brief. Plaintiff may file a motion for summary judgment not to exceed 25 pages. By Judge Philip A. Brimmer on 9/24/12. Text Only Entry(pabsec) (Entered: 09/24/2012) | |||
| 2012-09-24 | 76 | 0 | MOTION for Summary Judgment against Defendant Nicholas Trimble by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 09/24/2012) | |||
| 2012-09-24 | 77 | 0 | BRIEF in Support of 76 MOTION for Summary Judgment against Defendant Nicholas Trimble filed by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Plaintiff's Exhibit List, # 2 Exhibit A, # 3 Exhibit B)(Weyls, Brigitte) (Entered: 09/24/2012) | |||
| 2012-09-26 | 78 | 0 | NOTICE re Plaintiff's Statement as to basis of notice having been given to Capstone and Beekeepers as to them being the subjects of the 9/30/2012 preliminary injunction hearing re Docket Number 73 by Plaintiff U.S. Commodity Futures Trading Commission (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weyls, Brigitte) (Entered: 09/26/2012) | |||
| 2012-09-28 | 79 | 0 | ORDER. Plaintiff's 39 Notice of Proposed Order and Motion for Entry of the Same is granted. Plaintiff's 3 Motion for Preliminary Injunction is granted. By Judge Philip A. Brimmer on 9/28/12.(mnfsl, ) (Entered: 09/28/2012) | 2012-09-29 08:51:48 | 1e644b768e2976c62b0d1dd8be16652c5ae5e6cb | |
| 2012-10-02 | 80 | 0 | RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 53 James Harvey's Renewed Motion to Intervene be denied. By Magistrate Judge Kathleen M. Tafoya on 10/2/12. (mnfsl, ) (Entered: 10/02/2012) | |||
| 2012-10-12 | 81 | 0 | RESPONSE to 76 MOTION for Summary Judgment against Defendant Nicholas Trimble filed by Defendant Nicholas Trimble. (dkals, ) (Entered: 10/12/2012) | |||
| 2012-10-22 | 82 | 0 | ORDER ACCEPTING MAGISTRATE JUDGE'S 80 RECOMMENDATION. The 53 Renewed Motion to Intervene of James Harvey is denied. By Judge Philip A. Brimmer on 10/22/12.(mnfsl, ) (Entered: 10/22/2012) | 2012-10-23 07:59:58 | c885aa3857739db8679328079e818843be6b60c1 | |
| 2012-10-26 | 83 | 0 | REPLY to Response to 76 MOTION for Summary Judgment against Defendant Nicholas Trimble filed by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Exhibit A - Declaration of Joshua Christensen, # 2 Exhibit B - Supplemental Declaration of Joseph Patrick, # 3 Exhibit C - Defendant's Sentencing Memorandum)(Weyls, Brigitte) (Entered: 10/26/2012) | |||
| 2012-11-20 | 84 | 0 | Proposed Pretrial Order by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 11/20/2012) | |||
| 2012-11-27 | 85 | 0 | ORDER SETTING CASE FOR TRIAL. Three-day Jury Trial set for 4/15/2013 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 3/22/2013 at 11:00 AM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 11/27/12. (mnfsl, ) (Entered: 11/27/2012) | 2012-11-28 07:55:50 | d7bfa37b8b46b0613fab6a441bcc4abd60a759fc | |
| 2012-11-27 | 86 | 0 | MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Final Pretrial Conference held on 11/27/2012. FTR: Courtroom C-201. (kmtcd) (Entered: 11/28/2012) | |||
| 2012-11-27 | 87 | 0 | FINAL PRETRIAL ORDER by Magistrate Judge Kathleen M. Tafoya on 11/27/2012. (kmtcd) (Entered: 11/28/2012) | |||
| 2012-12-12 | 88 | 0 | MOTION for Referral TO MAGISTRATE JUDGE TO CONDUCT SETTLEMENT CONFERENCE by Plaintiff U.S. Commodity Futures Trading Commission. (Weyls, Brigitte) (Entered: 12/12/2012) | |||
| 2012-12-17 | 89 | 0 | MINUTE ORDER granting 88 Agreed Motion Seeking Referral to Magistrate Judge to Conduct Settlement Conference. Pursuant to D.C.COLO.LCivR 16.6A, Magistrate Judge Kathleen M. Tafoya is authorized to conduct a settlement conference in this case. By Judge Philip A. Brimmer on 12/17/12.(mnfsl, ) (Entered: 12/17/2012) | |||
| 2012-12-17 | 90 | 0 | MINUTE ORDER: The parties shall place a conference call to chambers, 303-335-2780, by December 21, 2012, to set a settlement conference. By Magistrate Judge Kathleen M. Tafoya on 12/17/12. Text Only Entry (kmtlc1) (Entered: 12/17/2012) | |||
| 2012-12-21 | 91 | 0 | ORDER Settlement Conference set for 1/17/2013 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 12/21/2012. (kmtcd) (Entered: 12/21/2012) | 2012-12-22 07:47:24 | 6c625d9a963d42adcc6412aa3083a6a23f4401da | |
| 2013-01-03 | 92 | 0 | ORDER. This court's Order Setting Settlement Conference [Doc. No. 91 ] is modified to allow the Plaintiff's appearance at the settlement conference to be by a Division of Enforcement attorney possessing authority to negotiate the terms of a settlement that the Division could affirmatively recommend to the five member U.S. Commodity Futures Trading Commission, an independent federal regulatory agency. Entered by Magistrate Judge Kathleen M. Tafoya on 01/03/2013. Text Only Entry (kmt, ) (Entered: 01/03/2013) | |||
| 2013-01-17 | 93 | 0 | MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Settlement Conference held on 1/17/2013. A settlement was reached as to all claims between Plaintiff and Nicholas Trimble. Dismissal Paper due by 2/18/2013. (mnfsl, ) (Entered: 01/18/2013) | |||
| 2013-01-28 | 94 | 0 | ORDER. Plaintiff's 34 Motion for Entry of Final Judgment by Default, Order for Permanent Injunction and Other Ancillary Relief against Defendants Capstone FX Quantitative Analysis, Inc., and Beekeepers Fund Capital Management, LLC is granted in part and denied in part. Intervenor James Harvey's 36 Motion to Modify Proposed Order for Entry of Final Judgment by Default is denied as moot. Judgment shall enter in favor of plaintiff U.S. Commodity Futures Trading Commission and against defendants Capstone Quantitative Analysis, Inc. and Beekeepers Fund Capital Management, LLC. By Judge Philip A. Brimmer on 1/28/13.(mnfsl, ) (Entered: 01/28/2013) | 2013-01-29 08:06:39 | 7ad9cf0391d479bbdeb2f6ffe55e10a40f76fd0a | |
| 2013-01-28 | 95 | 0 | DEFAULT JUDGMENT against Defendants Capstone FX Quantitative Analysis, Inc., and Beekeepers Fund Capital Management, LLC, re: 94 Order. By Clerk on 1/28/13. (mnfsl, ) (Entered: 01/28/2013) | |||
| 2013-02-19 | 96 | 0 | STIPULATION of Dismissal of Party Nicholas Trimble by Plaintiff U.S. Commodity Futures Trading Commission. (Attachments: # 1 Proposed Order (PDF Only) re Consent Order for Permanent Injunction, Restitution, Civil Monetary Penalty and Other Equitable Relief against Defendant Nicholas Trimble)(Weyls, Brigitte) (Entered: 02/19/2013) | |||
| 2013-03-13 | 97 | 0 | Mail Returned as Undeliverable re: 89 Order, Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-13 | 98 | 0 | Mail Returned as Undeliverable re: 90 Minute Order Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-13 | 99 | 0 | Mail Returned as Undeliverable re: 91 Order Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-13 | 100 | 0 | Mail Returned as Undeliverable re: 85 Order, Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-13 | 101 | 0 | Mail Returned as Undeliverable re: 82 Order, Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-13 | 102 | 0 | Mail Returned as Undeliverable re: 93 Settlement Conference Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-13 | 103 | 0 | Mail Returned as Undeliverable re: 95 Default Judgment Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/13/2013) | |||
| 2013-03-14 | 104 | 0 | CONSENT ORDER FOR PERMANENT INJUNCTION, RESTITUTION, CIVIL MONETARY PENALTY, AND OTHER EQUITABLE RELIEF AGAINST DEFENDANT NICHOLAS TRIMBLE. By Judge Philip A. Brimmer on 3/14/13. (mnfsl, ) (Entered: 03/14/2013) | 2013-03-15 07:50:13 | 4faf41c890750e92ca07cb196759834843588afd | |
| 2013-03-14 | 105 | 0 | Mail Returned as Undeliverable re: 94 Order Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 03/14/2013) | |||
| 2013-03-21 | 106 | 0 | MINUTE ORDER: The trial preparation conference set for March 22, 2013 at 11:00 a.m. and the jury trial set for April 15, 2013 are VACATED. By Judge Philip A. Brimmer on 3/21/13. Text Only Entry (pabsec) (Entered: 03/21/2013) | |||
| 2013-03-22 | 107 | 0 | FINAL JUDGMENT in favor of U.S. Commodity Futures Trading Commission against Nicholas Trimble pursuant to 104 Order. By Clerk on 3/22/13. (dkals, ) (Entered: 03/22/2013) | |||
| 2013-04-04 | 108 | 0 | Mail Returned as Undeliverable re: 106 Minute Order Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 04/04/2013) | |||
| 2013-04-08 | 109 | 0 | Mail Returned as Undeliverable re: 104 Order Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 04/08/2013) | |||
| 2013-04-12 | 110 | 0 | Mail Returned as Undeliverable re: 107 Judgment Addressed to Nicholas Trimble. (mnfsl, ) (Entered: 04/12/2013) |