U.S. Commodity Futures Trading Commission v. Garcia et al

Filing 39

ORDER denying 36 Plaintiff U.S. Commodity Futures Trading Commission's Motion for Telephone Status Call on May 12, 2015. Defendants' request to cancel the May 13, 2015 preliminary injunction hearing, as made in Defendants' Respo nse to Plaintiff's Motion for Preliminary Injunction 31 , is DENIED. Plaintiff's Motion for Preliminary Injunction 21 remains set for hearing on May 13, 2015, at 9:30 AM before the undersigned in the United States Courthouse, 2110 First Street, Fort Myers, Florida 33901, in Courtroom 5F. Counsel for Plaintiff and Defendants must appear in person as telephonic appearances are not permitted. Signed by Judge Sheri Polster Chappell on 5/12/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
U.S. COMMODITY FUTURES
TRADING COMMISSION,
Plaintiff,
v.

Case No: 2:15-cv-237-FtM-38CM

DORIAN GARCIA, DG WEALTH
MANAGEMENT, MACROQUANTUM
CAPITAL LLC and UKUSA
CURRENCY FUND LP,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff U.S. Commodity Futures Trading
Commission's Motion for Telephone Status Call on May 12, 2015 (Doc. #36) filed on May
11, 2015. Plaintiff requests a telephone status call with the Court and Defendants Dorian
Garcia, DG Wealth Management, Macroquantum Capital LLC, and UKUSA Currency
Fund LP to confirm whether the parties should appear before the Court on May 13, 2015,
to argue the pending Motion for Preliminary Injunction (Doc. #21). (Doc. #36 at 1). The
instant motion comes on the heels of Defendants' Motion to Stay (Doc. #32) and their
request to cancel the preliminary injunction hearing (Doc. #31), both of which Plaintiff
opposes (Doc. #37; Doc. #38).

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Because the parties' disagree over key points in the pending Motion for Preliminary
Injunction (Doc. #21; Doc. #31; Doc. #37) and Motion to Stay (Doc. #32; Doc. #38), the
Court will not cancel the hearing set for May 13, 2015, a 9:30 AM.
Accordingly, it is now
ORDERED:
(1) Plaintiff U.S. Commodity Futures Trading Commission's Motion for Telephone
Status Call on May 12, 2015 (Doc. #36) is DENIED.
(2) Defendants' request to cancel the May 13, 2015 preliminary injunction hearing,
as made in Defendants' Response to Plaintiff's Motion for Preliminary Injunction
(Doc. #31), is DENIED.
(3) Plaintiff's Motion for Preliminary Injunction (Doc. #21) remains set for hearing
on May 13, 2015, at 9:30 AM before the undersigned in the United States
Courthouse, 2110 First Street, Fort Myers, Florida 33901, in Courtroom 5F.
Counsel for Plaintiff and Defendants must appear in person as telephonic
appearances are not permitted.
DONE and ORDERED in Fort Myers, Florida this 12th day of May, 2015.

Copies: All Parties of Record

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