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

Filing 146

ORDER - Kratville's Motion for Show Cause Hearing and Application to Hold Michael J. Welke in Contempt for Failure to Obey Subpoena to Produce Documents (filing 118 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)(GJG )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
U.S. COMMODITY FUTURES
TRADING COMMISSION,

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Plaintiff,
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V.
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JONATHAN W. ARRINGTON,
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ELITE MANAGEMENT HOLDINGS )
CORP., MJM ENTERPRISES LLC,
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MICHAEL B. KRATVILLE, and
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MICHAEL J. WELKE,
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Defendants.
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8:11CV181

ORDER

On July 8, 2013, Defendant Michael Kratville (“Kratville”) filed a motion requesting
that the Court command Defendant Michael J. Welke (“Welke”) to appear and show cause
why he should not be held in contempt for failing to obey a subpoena to produce documents
served upon him on April 16, 2013 (filing 118). The motion further asks that the Court
compel Welke to appear for a deposition to provide the requested documents. (Id.)
The Court entered an order on July 9, 2013, directing Welke, who is proceeding pro
se, to submit a report to the Court by August 9, 2013, showing cause why he should not be
held in contempt for failing to respond to the subpoena. (Filing 121.) Welke submitted a
response to the Court’s show cause order on August 12, 2013, which, among other things,
provides at least partial responses to Kratville’s document production request. (Filing 141.)
Having reviewed the matter, the Court will not compel Welke to appear for a
deposition, or order Welke to provide additional documents or further information. As
pointed out by Plaintiff in response to Kratville’s motion (filing 120), the deadline for filing
discovery motions has passed. (Filing 81.) Kratville has not provided any reason why he
could not have moved to compel Welke to comply with the subpoena at an earlier time.
Accordingly,

IT IS ORDERED that Kratville’s Motion for Show Cause Hearing and Application
to Hold Michael J. Welke in Contempt for Failure to Obey Subpoena to Produce Documents
(filing 118) is denied.
DATED August 16, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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