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

Filing 114

ORDER - Any objection to removing this case from the jury docket shall be filed by or before July 22, 2013. If no objection is filed, the case will be placed on the non-jury docket. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)(GJG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA U.S. COMMODITY FUTURES TRADING COMMISSION, ) ) ) Plaintiff, ) ) V. ) ) JONATHAN W. ARRINGTON, ELITE ) MANAGEMENT HOLDINGS CORP., ) MJM ENTERPRISES LLC, MICHAEL ) B. KRATVILLE, MICHAEL J. WELKE, ) FRED HONEA, JOHN RIZZLI, RON ) BASSETT, FXIG, SONADOR, NEAL ) LABELLE, and MICHAEL STEWART, ) ) Defendants. ) ) 8:11CV181 ORDER Defendant Michael Kratville (“Kratville”) has filed a motion requesting that this case be removed from the jury docket and placed on the non-jury docket. (Filing 96.) Kratville asserts that Defendant Jonathan Arrington, Elite Management Holdings Corp., and MJM Enterprises, LLC are in default and have not filed answers in this case. Kratville also claims that Defendant Michael J. Welke (“Welke”) has settled with Plaintiff and that Welke’s request for a jury trial may only apply to his cross-claim against Kratville. Plaintiff does not oppose Kratville’s motion. As of today’s date, no Defendant has filed a response. However, before ruling on Kratville’s motion, the Court will provide Defendants one last opportunity to respond. Accordingly, IT IS ORDERED that any objection to removing this case from the jury docket shall be filed by or before July 22, 2013. If no objection is filed, the case will be placed on the non-jury docket. DATED June 24, 2013. BY THE COURT: S/ F.A. Gossett United States Magistrate Judge

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