Commodity Futures Trading Commission v. Nawabi et al

Filing 56

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/30/2023 APPROVES 34 Joint Status Report. Any Fifth Amendment issues are referred to the magistrate judge for resolution according to the process described in this order.(Reader, L)

Case 2:22-cv-00717-KJM-JDP Document 56 Filed 01/30/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COMMODITY FUTURES TRADING
COMMISSION,

v.

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ORDER

Plaintiff,

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No. 2:22-cv-00717-KJM JDP

ESHAQ M. NAWABI, individually and d/b/a/
NAWABI ENTERPRISE, and HYPERION
CONSULTING, INC.,

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Defendants.

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In their joint status report plaintiff Commodity Futures Trading Commission (CFTC) and

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defendant Nawabi submitted a proposed “(1) process for Mr. Nawabi to prospectively assert

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focused Fifth Amendment objections, and (2) a mechanism for the Court to resolve those

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objections.” Joint Status Report, ECF No. 34. This process is outlined below:

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•

Mr. Nawabi will timely assert, in accordance with Federal Rule of Civil Procedure 34,
written objections to the CFTC’s written discovery requests and produce a log identifying
any documents he intends to withhold on the basis of his Fifth Amendment objections.

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During his deposition, Mr. Nawabi will assert on the record objections to specific
questions.

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Within 30 days of either (i) Mr. Nawabi’s deposition or (ii) the completion of document
productions by Defendants, whichever is later, the CFTC will file a motion to compel as
to any responses or documents, if any, for which it intends to dispute Mr. Nawabi’s Fifth
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Case 2:22-cv-00717-KJM-JDP Document 56 Filed 01/30/23 Page 2 of 2
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Amendment assertion. The motion to compel will specifically address each document
and/or deposition question to which Mr. Nawabi has asserted a Fifth Amendment
objection and articulate why such information is not protected from production under
Mr. Nawabi’s Fifth Amendment rights.

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Within 30 days of the filing of the CFTC’s motion to compel, Defendants will file a
response in opposition.

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The CFTC will file a reply within 15 days.

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The matter will be referred to a magistrate judge for resolution of the Fifth Amendment
issues. To the extent necessary, Defendants will produce any documents requested by the
magistrate judge for in camera review.

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Joint Status Report at 1–2.

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The court approves this proposal. Any Fifth Amendment issues are referred to the
magistrate judge for resolution according to the process described above.
IT IS SO ORDERED.
DATED: January 30, 2023.

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