Commodity Futures Trading Commission v. Gelfman et al
| New York Southern District Court | |
| Judge: | P Kevin Castel |
| Case #: | 1:17-cv-07181 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 07:0013a-1 Enjoin or restrain violations Contract Market rules |
| Case Filed: | Sep 21, 2017 |
| Terminated: | Oct 16, 2018 |
| Last checked: Tuesday Mar 20, 2018 4:36 AM EDT |
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Defendant
Nicholas Gelfman
1612 Kings Highway #17
Brooklyn, NY 11229 |
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Defendant
Gelfman Blueprint, Inc.
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Plaintiff
Commodity Futures Trading Commission
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Represented By
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| 1. | Bitcoin Ponzi Schemer Must Pay $2.5 Million, Federal Court Rules (wsj.com) |
| Submitted Fri 10/19/2018 | |
| Docket last updated: 11/25/2024 11:59 PM EST |
| Tuesday, October 16, 2018 | ||
| 36 | 36
order
Judgment - Default ~Util - Add and Terminate Parties
Tue 10/16 12:43 PM
FINAL JUDGMENT BY DEFAULT, PERMANENT INJUNCTION, CIVIL MONETARY PENALTY, AND OTHER STATUTORY AND EQUITABLE RELIEF AGAINST DEFENDANT GELFMAN BLUEPRINT, INC.: Pursuant to Section 6c of the Commodity Exchange Act (the "Act"), 7 U.S.C. § 13a-1 (2012), Defendant GBI, its officers, agents, servants, employees, successors, assigns, and/or attorneys, and all persons in active concert or participation with Defendant GBI who receive actual notice of this Order by personal service or otherwise, are hereby permanently restrained, enjoined, and prohibited from directly or indirectly, in connection with any swap, or contract of sale of any commodity in interstate commerce, or contract for future delivery on or subject to the rules of any registered entity, intentionally or recklessly: A. using or employing, or attempting to use or employ, any manipulative device, scheme, or artifice to defraud, and as further set forth in this order. Pursuant to Section 6c(d)(3)(A) of the CEA, 7 U.S.C. § 13a-1(d)(3)(A) (2012), Defendant GBI shall pay restitution in the amount of five hundred fifty-four thousand seven hundred thirty-four dollars and forty-eight cents ($554,734.48), plus post-judgment interest (the "Restitution Obligation"). Post-judgment interest shall accrue on the Restitution Obligation beginning on the date of entry of this Order and shall be determined by using the Treasury Bill rate prevailing on the date of entry of this Order pursuant to 28 U.S.C. § 1961 (2012), and as further set forth in this order. Pursuant to Section 6c(d)(1)(A) of the CEA, 7 U.S.C. § 13a-1(d)(1)(A) (2012), Defendant GBI shall pay a civil monetary penalty in the amount of one million eight hundred fifty-seven thousand dollars ($1,854,000) (the "CMP Obligation"), which is equivalent to approximately triple the monetary gain to Defendants of more than $618,000 from the violations-i.e., three times the gross amount of customer funds obtained by Defendants that Defendants used for their own benefit or for the benefit of the fraud, and as further set forth in this order. This Court shall retain jurisdiction of this action to ensure compliance with this Order and for all other purposes related to this action, including any motion by Defendant GBI to modify, or for relief from, the terms of this Order. There being no just reason for delay, the Clerk of the Court is hereby ordered to enter this Order for Final Judgment by Default, Permanent Injunction, Civil Monetary Penalty, and Other Statutory and Equitable Relief Against Defendant Gelfman Blueprint, Inc. forthwith and without further notice. (Gelfman Blueprint, Inc. terminated.) (Signed by Judge P. Kevin Castel on 10/15/2018) (jwh) |
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| Wednesday, October 03, 2018 | ||
| 35 | 35
service
Certificate of Service Other
Wed 10/03 5:08 PM
CERTIFICATE OF SERVICE of ECF Nos. 28-32, 34 served on Gelfman Blueprint, Inc. on 10/03/2018. Service was made by Mail. Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 34 | 34
misc
Proposed Default Judgment
Wed 10/03 12:58 PM
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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misc
Notice to Attorney Regarding Deficient Proposed Order
Wed 10/03 11:16 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Gates Hurand to RE-FILE Document No. 29 Proposed Default Judgment. The filing is deficient for the following reason(s): Please remove the word Order from the title of the document and re-file as a default judgment. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (km) |
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misc
Notice to Court Regarding Proposed Order
Wed 10/03 1:16 PM
***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 34 Proposed Default Judgment was reviewed and approved as to form. (km) |
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| Tuesday, October 02, 2018 | ||
| 33 | 33
29
pgs
order
Order on Motion to Approve Consent Judgment
Tue 10/02 1:08 PM
CONSENT ORDER FOR PERMANENT INJUNCTION, CIVIL MONETARY PENALTY, AND OTHER EQUITABLE RELIEF AGAINST DEFENDANT NICHOLAS GELMAN granting26 Motion to Approve Consent Judgment: To effect settlement of all charges alleged in the Complaint against Gelfman without a trial on the merits or any further judicial proceedings, Gelfman 1. Consents to the entry of this Consent Order for Permanent Injunction, Civil Monetary Penalty, and Other Equitable Relief Against Defendant Nicholas Gelfman ("Consent Order"), and as further set forth in this order. Based upon and in connection with the foregoing conduct, pursuant to Section 6cb of the Act, 7 U.S.C. § 13a-1 (2012), Defendant Gelfman is permanently restrained, enjoined and prohibited from, directly or indirectly, in connection with any swap, or contract of sale of any commodity in interstate commerce, or contract for future delivery on or subject to the rules of any registered entity, intentionally or recklessly: ( 1) using or employing, or attempting to use or employ, any manipulative device, scheme, or artifice to defraud, and as further set forth in this order. Gelfman shall pay restitution in the amount of four hundred ninety-two thousand sixty-four dollars and fifty-three cents ($492,064.53) ("Restitution Obligation"), plus post-judgment interest, within thirty (30) days of the date of the entry of this Consent Order. If the Restitution Obligation is not paid in full within thirty (30) days of the date of entry of this Consent Order, then post-judgment interest shall accrue on the Restitution Obligation beginning on the date of entry of this Consent Order and shall be determined by using the Treasury Bill rate prevailing on the date of entry of this Consent Order pursuant to 28 U.S.C. § 1961 (2012), and as further set forth in this order. Gelfman shall pay a civil monetary penalty in the amount of one hundred seventy-seven thousand five hundred one dollars ($177,501) ("CMP Obligation"), plus post-judgment interest, within thirty days (30) of the date of the entry of this Consent Order. If the CMP Obligation is not paid in full within thirty (30) days of the date of entry of this Consent Order, then post-judgment interest shall accrue on the CMP Obligation beginning on the date of entry of this Consent Order and shall be determined by using the Treasury Bill rate prevailing on the date of entry of this Consent Order pursuant to 28 U.S.C. § 1961 (2012), and as further set forth in this order. 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 Nicholas Gelfman forthwith and without further notice. (Signed by Judge P. Kevin Castel on 10/1/2018) (jwh) |
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| Monday, October 01, 2018 | ||
| 32 | 32
respm
Declaration in Support of Motion
Mon 10/01 1:36 PM
DECLARATION of Christopher Giglio in Support re:28 MOTION for Default Judgment as to Gelfman Blueprint, Inc. .. Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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Att: 1
Exhibit calculations of judgment amounts
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| 31 | 31
respm
Declaration in Support of Motion
Mon 10/01 1:33 PM
DECLARATION of Gates S. Hurand in Support re:28 MOTION for Default Judgment as to Gelfman Blueprint, Inc. .. Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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Att: 1
Exhibit Complaint - ECF No. 1,
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Att: 2
Exhibit Summons to GBI - ECF No. 7,
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Att: 3
Exhibit Affidavit of service - ECF No. 9,
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Att: 4
Exhibit Certificate of default - ECF No. 18,
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Att: 5
Exhibit Website image capture,
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Att: 6
Exhibit dashboard capture,
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Att: 7
Exhibit audit letter
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| 30 | 30
17
pgs
respm
Memorandum of Law in Support of Motion
Mon 10/01 1:29 PM
MEMORANDUM OF LAW in Support re:28 MOTION for Default Judgment as to Gelfman Blueprint, Inc. . . Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 29 | 29
24
pgs
misc
Proposed Default Judgment
Mon 10/01 1:27 PM
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 28 | 28
motion
Default Judgment
Mon 10/01 1:25 PM
MOTION for Default Judgment as to Gelfman Blueprint, Inc. . Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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| 27 | 27
29
pgs
misc
Proposed Consent Order
Mon 10/01 1:09 PM
PROPOSED CONSENT ORDER. Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 26 | 26
motion
Approve Consent Judgment
Mon 10/01 1:06 PM
MOTION to Approve Consent Judgment . Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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| 25 | 25
1
pgs
misc
Letter
Mon 10/01 1:00 PM
LETTER addressed to Judge P. Kevin Castel from Gates S. Hurand dated 9/28/2018 re: writing to report to the Court on the status of the matter. Document filed by Commodity Futures Trading Commission.(jwh) |
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| Tuesday, September 04, 2018 | ||
| 24 | 24
1
pgs
order
Order ~Util - Set Hearings
Tue 09/04 1:07 PM
ORDER STAYING DISCOVERY: It is hereby ordered that discovery remains stayed and all discovery deadlines held in abeyance until September 30, 2018, by which date the parties will report back to the Court on the status of the matter, and, as necessary, make further requests. The case Management Conference set for 9/5/2018 (ECF No. 22) is hereby adjourned, to October 19, 2018 at 2:30 p.m. So Ordered. ( Case Management Conference set for 10/19/2018 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/4/2018) (js) |
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| Monday, July 30, 2018 | ||
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misc
Mail Order by Certified Mail
Mon 07/30 9:24 AM
Mailed a copy of23 Order, Terminate Scheduling Order Deadlines, to Nicholas Gelfman 1612 Kings Highway #17 Brooklyn, NY 11229.(vba) |
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| Thursday, July 26, 2018 | ||
| 23 | 23
1
pgs
order
Order 1 - Terminate Scheduling Order Deadlines
Thu 07/26 4:27 PM
ORDER STAYING DISCOVERY re:22 SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER. It is hereby ordered that discovery is stayed and all discovery deadlines are held in abeyance until August 31, 2018, by which date the parties will report back to the Court on the status of the matter, and, as necessary, make further requests. (Signed by Judge P. Kevin Castel on 7/26/2018) (sac) |
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misc
Transmission to Docket Assistant Clerk
Thu 07/26 4:27 PM
Transmission to Docket Assistant Clerk. Transmitted re:23 Order, Terminate Scheduling Order Deadlines, to the Docket Assistant Clerk for case processing. (sac) |
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| Monday, June 11, 2018 | ||
| 22 | 22
3
pgs
order
Scheduling Order
Mon 06/11 4:49 PM
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Deposition due by 7/26/2018. Fact Discovery due by 7/26/2018. Expert Discovery due by 9/4/2018. Counsel for the parties have conferred and their present best estimate of the length of trial is two weeks. Case Management Conference set for 9/5/2018 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/11/2018) (jwh) |
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| Monday, March 19, 2018 | ||
| 21 | 21
3
pgs
order
Order on Motion for Local Rule 37.2 Conference
Mon 03/19 3:16 PM
ORDER denying without prejudice20 Letter Motion for Local Rule 37.2 Conference. Proceed with the deposition of defendant Gelfman. MR. GELFMAN IS ADVISED TO CONSULT WITH COMPETENT COUNSEL CONCERNING HIS RIGHTS UNDER THE FIFTH AMENDMENT. Following the deposition, the plaintiff may file a motion to compel responses. (Signed by Judge P. Kevin Castel on 3/16/2018) (cf) |
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| Friday, March 16, 2018 | ||
| 20 | 20
3
pgs
motion
Local Rule 37.2 Conference
Fri 03/16 4:46 PM
LETTER MOTION for Local Rule 37.2 Conference concerning waiver of Fifth Amendment privilege against compelled self-incrimination addressed to Judge P. Kevin Castel from Gates S. Hurand dated 03/16/2018. Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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| Thursday, March 08, 2018 | ||
| 19 | 19
order
Case Management Plan
Thu 03/08 5:00 PM
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All fact discovery shall be completed no later than Monday, June 11. 2018. Depositions to be completed by Friday, April 27, 2018. All expert discovery shall be completed no later than Thursday, July 26, 2018. Counsel for the parties have conferred and their present best estimate of the length of trial is two weeks. May 16 conference is VACATED. The next Case Management Conference is scheduled for Sept. 5, 2018 at 11:00 a.m. (As further set forth in this Order.) Deposition due by 4/27/2018. Fact Discovery due by 6/11/2018. Expert Discovery due by 7/26/2018. Case Management Conference set for 9/5/2018 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 3/8/2018) (cf) |
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| Wednesday, December 20, 2017 | ||
| 18 | 18
misc
Certificate of Clerk
Wed 12/20 1:08 PM
CLERK'S CERTIFICATE OF DEFAULT as to Gelfman Blueprint, Inc. ("GBI") (km) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Wed 12/20 3:11 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gates Huran to RE-FILE Document 16 MOTION for Entry of Default as to GELFMAN BLUEPRINT, INC. .. Use the event type Other Documents found under the event list Request To Enter Default. File the Request to enter default with the Clerk's Certificate of Default as an attachment and file as stated above, then file the Affidavit in Support of the Default separately under Other Answers, affidavit in support of a non-motion. (dt) |
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| Tuesday, December 19, 2017 | ||
| 17 | 17
misc
Request to Enter Default
Tue 12/19 4:59 PM
REQUEST TO ENTER DEFAULT against Gelfman Blueprint, Inc. . Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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Att: 1
Affidavit -- Declaration of Christopher Giglio in support of request for certificate of default,
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Att: 2
Text of Proposed Order -- Proposed clerk's certificate of default
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| 16 | 16
motion
Entry of Default
Tue 12/19 4:14 PM
MOTION for Entry of Default as to GELFMAN BLUEPRINT, INC. . Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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Att: 1
Affidavit declaration of Christopher Giglio in support of request for certificate of default,
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Att: 2
Text of Proposed Order proposed clerk's certificate of default
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| Tuesday, December 12, 2017 | ||
| 15 | 15
discov
Rule 26 Disclosure
Tue 12/12 3:40 PM
INITIAL DISCLOSURES(Rule 26).Document filed by Nicholas Gelfman.(sc) |
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| Tuesday, November 28, 2017 | ||
| 14 | 14
order
Case Management Plan
Tue 11/28 11:31 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. All fact discovery shall be completed no later than Friday, April 27, 2018. Depositions to be completed by Tuesday, March 13, 2018. All expert discovery shall be completed no later than Monday, June 11, 2018. Counsel for the parties have conferred and their present best estimate of the length of trial is two weeks. Plaintiff will obtain a Clerk's Certificate of Default and proceed with default motion against 6 B 1. The next Case Management Conference is scheduled for May 16, 2018 at 10:30 a.m. (As further set forth in this Order.) Deposition due by 3/13/2018. Fact Discovery due by 4/27/2018. Expert Discovery due by 6/11/2018. Case Management Conference set for 5/16/2018 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/28/2017) (cf) |
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minutes
Pretrial Conference - Initial
Tue 11/28 11:26 AM
Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 11/28/2017. The next case management conference is scheduled for May 16, 2018 at 10:30 a.m. (Nacanther, Florence) |
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| Tuesday, November 21, 2017 | ||
| 13 | 13
misc
Status Report
Tue 11/21 4:05 PM
STATUS REPORT. Joint Letter in Advance of Initial Pretrial Conference Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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| Thursday, October 12, 2017 | ||
| 12 | 12
13
pgs
answer
Answer to Complaint
Fri 10/13 11:00 AM
ANSWER to1 Complaint. Document filed by Nicholas Gelfman.(man) |
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| 11 | 11
notice
Notice of Appearance
Fri 10/13 10:56 AM
NOTICE OF PRO SE APPEARANCE by Nicholas Gelfman. (man) |
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| Friday, September 29, 2017 | ||
| 10 | 10
service
Affidavit of Service Complaints
Fri 09/29 11:27 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Nicholas Gelfman served on 9/26/2017, answer due 10/17/2017. Service was accepted by PERSON OF SUITABLE AGE AND DISCRETION. Service was made by MAIL. Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 9 | 9
service
Affidavit of Service Complaints
Fri 09/29 11:23 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Gelfman Blueprint, Inc. served on 9/25/2017, answer due 10/16/2017. Service was accepted by NANCY DOUGHERTY, CORPORATE DIVISION, NY SOS. Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| Monday, September 25, 2017 | ||
| 8 | 8
1
pgs
order
Order for Initial Pretrial Conference
Mon 09/25 3:25 PM
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/28/2017 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 9/25/2017) (cf) |
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| Friday, September 22, 2017 | ||
| 7 | 7
service
Summons Issued
Fri 09/22 4:52 PM
ELECTRONIC SUMMONS ISSUED as to Gelfman Blueprint, Inc.. (laq) |
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| 6 | 6
service
Summons Issued
Fri 09/22 4:52 PM
ELECTRONIC SUMMONS ISSUED as to Nicholas Gelfman. (laq) |
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notice
Case Opening Initial Assignment Notice
Fri 09/22 10:15 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (laq) |
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utility
Case Designated ECF
Fri 09/22 10:15 AM
Case Designated ECF. (laq) |
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utility
Case Designation
Fri 09/22 10:26 AM
Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (laq) |
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| Thursday, September 21, 2017 | ||
| 5 | 5
notice
Notice of Appearance
Thu 09/21 10:21 AM
NOTICE OF APPEARANCE by Kenneth Brent Tomer on behalf of Commodity Futures Trading Commission. (Tomer, Kenneth) |
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| 4 | 4
service
Request for Issuance of Summons
Thu 09/21 10:15 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Nicholas Gelfman, re:1 Complaint. Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 3 | 3
service
Request for Issuance of Summons
Thu 09/21 10:13 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Gelfman Blueprint, Inc., re:1 Complaint. Document filed by Commodity Futures Trading Commission. (Hurand, Gates) |
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| 2 | 2
2
pgs
misc
Civil Cover Sheet
Thu 09/21 10:11 AM
CIVIL COVER SHEET filed. (Hurand, Gates) |
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| 1 | 1
21
pgs
cmp
Complaint
Thu 09/21 10:10 AM
COMPLAINT against Nicholas Gelfman, Gelfman Blueprint, Inc.. Document filed by Commodity Futures Trading Commission.(Hurand, Gates) |
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