Commodity Futures Trading Commission v. Bao
| California Central District Court | |
| Judge: | Sherilyn Peace Garnett |
| Referred: | Stephanie S Christensen |
| Case #: | 2:24-cv-00376 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 7:0006(b) Federal Commodity Exchange Regulation |
| Case Filed: | Jan 16, 2024 |
| Terminated: | Aug 20, 2024 |
| Last checked: Sunday Jul 14, 2024 1:52 AM PDT |
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Defendant
Yueyu Bao
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Plaintiff
Commodity Futures Trading Commission
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Represented By
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| Docket last updated: 04/24/2025 11:59 PM PDT |
| Tuesday, August 20, 2024 | ||
| 30 | 30
judgmentCV
Judgment - Default by Judge
Wed 08/21 9:32 AM
ORDER ENTERING FINAL JUDGMENT BY DEFAULT AGAINST DEFENDANT YUEYU BAO by Judge Sherilyn Peace Garnett. Defendant Bao shall pay a civil monetary penalty in the amount of $260,140, plus post-judgment interest at the weekly average 1-year constant maturity Treasury yield for the calendar week preceding the date of judgment. Defendant Bao shall pay disgorgement in the amount of $130,070, representing the gains received in connection with such violations. ( MD JS-6. Case Terminated ) (iv) |
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| Wednesday, August 07, 2024 | ||
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notice
Notice (Other)
Wed 08/07 8:41 AM
Notice of Filing Revised Proposed Order Entering Final Judgment by Default Against Defendant Yueyu Bao filed by Plaintiff Commodity Futures Trading Commission.(Hammond, Derek) |
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Att: 1
Proposed Order,
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Att: 2
Affidavit (Certificate of Service)
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| Wednesday, July 31, 2024 | ||
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order
Default Judgment
Wed 07/31 1:30 PM
ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFF'S MOTION FOR ORDER OF DEFAULT JUDGMENT, PERMANENT JUDGMENT, CIVIL MONETARY PENALTY, AND OTHER EQUITABLE RELIEF24 by Judge Sherilyn Peace Garnett. Plaintiff's Motion is GRANTED, IN PART, and orders monetary relief, as discussed herein, in the amount of $390,210, plus postjudgment interest: Plaintiff's Motion for Default Judgment is GRANTED; Plaintiff's Motion for Permanent Injunction is GRANTED; the Court ORDERS Defendant to pay $260,140 in civil penalties, plus postjudgment interest; and the Court ORDERS Defendant to disgorge profits in the amount of $130,070, plus postjudgment interest.The Court further ORDERS Plaintiff to submit a revised proposed judgment, consistent with this Order, within 10 calendar days. Upon that submission, the Court will enter judgment. (iv) |
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| Thursday, June 06, 2024 | ||
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respm
Supplement (Motion related)
Thu 06/06 10:12 AM
SUPPLEMENT to NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Yueyu Bao24 filed by Plaintiff Commodity Futures Trading Commission.(Hammond, Derek) |
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Att: 1
Affidavit (Certificate of Service)
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| Wednesday, May 29, 2024 | ||
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minutes
Motion Hearing
Fri 05/31 12:20 PM
(TEXT ENTRY) MINUTES RE Plaintiffs Motion for Order Default Final Judgment, Civil Monetary Penalty, and Other Equitable Relief Againt Defendant Yueyo Bao Pursuant to Fed. R. Civ. P. 55(B)24 held before Judge Sherilyn Peace Garnett. For reasons stated on the record, the Court requests supplemental briefing and legal authority addressing the propriety of imposing Plaintiff's requested maximum civil penalty pursuant to Section 6(c) of the Act, 7 U.S.C. § 13a-1(d)(1) based on the particular facts and circumstances of this case. Among other authorities, Plaintiff cites to CFTC v. Yumin Li, No. 15 C 5839, 2016 WL 8256392, at *9 (N.D. Ill. Dec. 9, 2016), where the court imposed the maximum civil penalty based on the defendant's violation of Section 4c, Section 4b, and other unlawful conduct, but stated that, "[i]n cases where the only charged offense was a violation of § 4c, courts have routinely imposed civil penalties approximately equal to the amount of the ill-gotten gains." (citing CFTC v. Singhal, Case No. 12-cv-00138, Doc. 32 (N.D. Ill. Nov. 28, 2012))). Any additional legal authority cited should involve a violation of Section 4c. Plaintiff shall file its supplemental brief not to exceed five pages by no later than Thursday, June 6, at 12 p.m. Court Reporter: Maria Bustillos. Attorneys present for plaintiff. Daniel Ullman. Derek Hammond Attorney(s) present for defendant. Not present Courtroom Deputy. Patricia Gomez Time in Court: 12 Min. (pg) Modified on 5/31/2024 (pg) |
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| Thursday, May 09, 2024 | ||
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textonly
Text Only Scheduling Notice
Thu 05/09 10:11 AM
SCHEDULING NOTICE AND ORDER by Judge Sherilyn Peace Garnett. On the Courts own motion, PLAINTIFF'S MOTION FOR ORDER OF DEFAULT FINAL JUDGMENT, CIVIL MONETARY PENALTY, AND OTHER EQUITTABLE RELIEF AGAINST DEFENDANT YUEYU BAO PURSUANT TO FED. R. CIV. P. 55(B)24 , set for hearing May 22, 2024, is continued to May 29, 2024 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) |
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| Thursday, April 04, 2024 | ||
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motion
Default Judgment
Thu 04/04 7:48 AM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Yueyu Bao filed by Plaintiff Commodity Futures Trading Commission. Motion set for hearing on 5/22/2024 at 01:30 PM before Judge Sherilyn Peace Garnett. (Hammond, Derek) |
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Att: 1
Memorandum in Support of Motion,
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Att: 2
Exhibit A - Vilenskiy Declaration,
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Att: 3
Exhibit (Attachment 1) - Servicemembers Civil Relief Act Status Report,
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Att: 4
Proposed Order,
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Att: 5
Affidavit (Certificate of Service)
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| Tuesday, March 05, 2024 | ||
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textonly
Text Only Scheduling Notice
Tue 03/05 12:13 PM
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE by Judge Sherilyn Peace Garnett. On February 28, 2024, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on March 4, 2023. The Court deems the responses satisfactory and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) |
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| Monday, March 04, 2024 | ||
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order
Clerks Entry of Default (CV-37) - optional html form
Mon 03/04 10:42 AM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Yueyu Bao. (iv) |
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misc
Response
Mon 03/04 6:29 AM
RESPONSE filed by Plaintiff Commodity Futures Trading Commissionto Order to Show Cause19 (Hammond, Derek) |
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Att: 1
Affidavit (Certificate of Service)
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| Thursday, February 29, 2024 | ||
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motion
Clerk to Enter Default
Thu 02/29 10:38 AM
APPLICATION for Clerk to Enter Default against DEFENDANT Yueyu Bao filed by PLAINTIFF Commodity Futures Trading Commission. (Ullman, A) |
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Att: 1
Affidavit of Dmitriy Vilenskiy,
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Att: 2
Affidavit (Certificate of Service)
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| Wednesday, February 28, 2024 | ||
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order
Appear Pro Hac Vice
Thu 02/29 3:07 PM
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Derek Hammond to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission, designating James Holl as local counsel10 . (iv) |
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pgs
order
Order to Show Cause
Thu 02/29 3:04 PM
MINUTE (IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett.The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before March 13, 2024, why this action should not be dismissed for lack of prosecution. (iv) |
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| Wednesday, February 07, 2024 | ||
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pgs
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 02/07 1:09 PM
PROOF OF SERVICE Executed by Plaintiff Commodity Futures Trading Commission, upon Defendant Yueyu Bao served on 1/25/2024, answer due 2/15/2024. Service of the Summons and Complaint were executed upon Interactive Brokers LLC, authorized agent for Defendant Yueyu Bao in compliance with Federal Rules of Civil Procedure by personal service (Ullman, A) |
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| Thursday, February 01, 2024 | ||
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order
Appear Pro Hac Vice
Sat 02/03 8:22 AM
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Daniel Ullman to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission, designating James Holl as local counsel9 . (iv) |
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order
Appear Pro Hac Vice
Sat 02/03 8:20 AM
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Paul Hayeck to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission, designating James Holl as local counsel8 . (iv) |
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| Tuesday, January 30, 2024 | ||
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order
Initial Order upon Filing of Complaint - form only
Wed 01/31 8:04 AM
STANDING ORDER FOR NEWLY ASSIGNED CIVIL CASES by Judge Sherilyn Peace Garnett. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (iv) |
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notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Tue 01/30 4:38 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Derek S. Hammond to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission (Pro Hac Vice Fee - Not Required for US Government Attorney)10 . The following error(s) was/were found: Case number incomplete; missing initials of Judge. (ak) |
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notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Tue 01/30 4:29 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney A. Daniel Ullman II to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission (Pro Hac Vice Fee - Not Required for US Government Attorney)9 . The following error(s) was/were found: Case number incomplete; missing initials of Judge. (ak) |
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notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Tue 01/30 4:22 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Paul G. Hayeck to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission (Pro Hac Vice Fee - Not Required for US Government Attorney)8 . The following error(s) was/were found: Case number incomplete; missing initials of Judge. (ak) |
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motion
Appear Pro Hac Vice (G-64)
Tue 01/30 10:39 AM
APPLICATION of Non-Resident Attorney Derek S. Hammond to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by PLAINTIFF Commodity Futures Trading Commission. (Holl, James) |
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Att: 1
Exhibit Certificate of Good Standing (DC),
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Att: 2
Exhibit Certificate of Good Standing (MD),
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Att: 3
Declaration of James H. Holl III,
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Att: 4
Proposed Order,
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Att: 5
Affidavit (Certificate of Service)
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motion
Appear Pro Hac Vice (G-64)
Tue 01/30 10:33 AM
APPLICATION of Non-Resident Attorney A. Daniel Ullman II to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by PLAINTIFF Commodity Futures Trading Commission. (Holl, James) |
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Att: 1
Exhibit Certificate of Good Standing (DC),
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Att: 2
Exhibit Certificate of Good Standing (MA),
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Att: 3
Exhibit Certificate of Good Standing (NY),
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Att: 4
Declaration of James H. Holl III,
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Att: 5
Proposed Order,
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Att: 6
Affidavit (Certificate of Service)
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motion
Appear Pro Hac Vice (G-64)
Tue 01/30 10:21 AM
APPLICATION of Non-Resident Attorney Paul G. Hayeck to Appear Pro Hac Vice on behalf of Plaintiff Commodity Futures Trading Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by PLAINTIFF Commodity Futures Trading Commission. (Holl, James) |
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Att: 1
Exhibit Certificate of Good Standing,
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Att: 2
Declaration of James H. Holl III,
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Att: 3
Proposed Order,
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Att: 4
Affidavit (Certificate of Service)
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| Thursday, January 18, 2024 | ||
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service
Summons Issued (Attorney Civil Case Opening)
Thu 01/18 7:33 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Yueyu Bao. (car) |
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notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Thu 01/18 7:28 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 01/18 7:27 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 01/18 7:27 PM
NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Stephanie S. Christensen. (car) |
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| Tuesday, January 16, 2024 | ||
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notice
Summons Request
Tue 01/16 10:42 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by PLAINTIFF Commodity Futures Trading Commission. (Holl, James) |
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misc
Civil Cover Sheet (CV-71)
Tue 01/16 10:33 AM
CIVIL COVER SHEET filed by Plaintiff Commodity Futures Trading Commission. (Holl, James) |
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cmp
Complaint (Attorney Civil Case Opening)
Tue 01/16 10:29 AM
COMPLAINT No Fee Required - US Government, filed by PLAINTIFF Commodity Futures Trading Commission. (Attorney James H. Holl, III added to party Commodity Futures Trading Commission(pty:pla))(Holl, James) |
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