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

Filing 43

MEMORANDUM Order; Status hearing held. Plaintiff's motion for entry of default against defendants John D. Briner and Metrowest Law Corporation 40 is granted. Pursuant to Rule 11(c)(3) defendant Briner is ordered to show cause by an appropr iate filing on or before July 23, 2015 as to why his conduct referred to in the Opinion and in this memorandum order has not violated Rule 11(b). Status hearing set for 8/31/2015 at 9:00 a.m. Signed by the Honorable Milton I. Shadur on 7/9/2015:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
U.S. COMMODITY FUTURES
TRADING COMMISSION,
Plaintiff,
v.
MATTHEW J. MARCUS, et al.,
Defendants.

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Case No. 15 C 3307

MEMORANDUM ORDER
John Briner ("Briner") and MetroWest Law Corp. ("MetroWest") have transmitted a
purported "Answer of John D. Briner and MetroWest Law Corp." to the counsel for plaintiff
U.S. Commodity Futures Trading Commission ("CFTC") -- a document whose content is really
appalling in light in what has gone before in this action. Indeed, that purported responsive
pleading flouts both the requirements of the Federal Rules of Civil Procedure ("Rules") and the
specific teaching of this Court's June 10, 2015 memorandum opinion and order ("Opinion") that
had addressed Briner's earlier errors, and those deficiencies are aggravated by the fact that Briner
is a lawyer.
CFTC has understandably renewed its motion for the entry of default against both Briner
and MetroWest, and that motion is granted. In addition, pursuant to Rule 11(c)(3) Briner is
ordered to show cause by an appropriate filing on or before July 23, 2015 as to why his conduct
referred to in the Opinion and in this memorandum order has not violated Rule 11(b). If that
showing proves to be unpersuasive, this Court anticipates the possibility of imposing as sanctions
both an award to CFTC for its "reasonable expenses, including attorney's fees, incurred for the

motion" (Rule 11(c)(2)) and a fine payable into court (Rule 11(c)(4)), so that Briner's filing
would be well advised to address those subjects as well.

Date: July 9, 2015

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Milton I. Shadur
Senior United States District Judge

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