United States Commodity Futures Trading Commission v. Paron Capital Management, LLC et al

Filing 153

ORDER DENYING REQUESTS RE: THIRD-PARTY DISCOVERY AND MOTION FOR SANCTIONS 151 . Signed by Judge Nathanael M. Cousins on 6/19/12. (nclc1, COURT STAFF) (Filed on 6/19/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 UNITED STATES COMMODITY FUTURES TRADING COMMISSION, Plaintiff, 13 14 15 v. PARON CAPITAL MANAGEMENT, LLC. and JAMES D. CROMBIE, 16 Case No. 11-cv-04577 CW (NC) ORDER DENYING REQUESTS FOR THIRD-PARTY DISCOVERY AND DENYING REQUEST FOR LEAVE TO FILE A MOTION FOR SANCTIONS AGAINST PARON Re: Dkt. No. 151 Defendants. 17 18 The parties filed a joint discovery letter brief in which Crombie requests leave to seek 19 discovery from nonparties Ann Popkin, NewEdge, and Bloomberg Finance. Dkt. No. 151. 20 Crombie also requests leave to file a motion for sanctions against Paron for “discovery abuses.” 21 The CFTC and Paron oppose the requests for nonparty discovery, arguing that the information 22 requested by Crombie is irrelevant to the claims or defenses in this action and that the requests are 23 improper under the Federal Rules of Civil Procedure. Paron also opposes Crombie’s request for 24 leave to file a motion for sanctions against it, arguing that the motion is unwarranted because it 25 has complied with all of its discovery obligations. Based on the letter brief, the Court orders the 26 following: 27 28 (1) Crombie’s request for discovery from nonparties Ann Popkin and Bloomberg is DENIED, as Crombie has not established the relevance of the information he seeks from these Case No. 11-cv-04577 CW (NC) ORDER DENYING REQUESTS 1 2 3 4 5 6 nonparties to the claims or defenses in this action; (2) Crombie’s request for an admission from nonparty NewEdge is DENIED, as requests for admission may be directed only to parties in the action. See FED. R. CIV. P. 36(a)(1). (3) Crombie’s request for leave to file a motion for sanctions against Paron is DENIED for lack of good cause shown. IT IS SO ORDERED. 7 8 Date: June 19, 2012 9 _____________________ Nathanael M. Cousins United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-04577 CW (NC) ORDER DENYING REQUESTS 2

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