U.S. Commodity Futures Trading Commission v. Banc de Binary, Ltd.
Filing
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ORDER Granting 117 Unopposed Motion for Modification of Scheduling Order. Discovery due by 5/20/2015. Motions due by 6/20/2015. Proposed Joint Pretrial Order due by 7/20/2015. Signed by Magistrate Judge Cam Ferenbach on 4/8/2015. (Copies have been distributed pursuant to the NEF - DC)
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A. Jeff Ifrah
(Admitted Pro Hac Vice)
David B. Deitch
(Admitted Pro Hac Vice)
Rachel Hirsch
(Admitted Pro Hac Vice)
IFRAH PLLC
1717 Pennsylvania Avenue
Suite 650
Washington, D.C. 20006
Telephone: 202-524-4140
Facsimile: 202-521-4141
Email: jeff@ifrahlaw.com
ddeitch@ifrahlaw.com
rhirsch@ifrahlaw.com
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Craig S. Denney
Nevada Bar No. 6953
Carrie L Parker
Nevada Bar No. 10952
SNELL & WILMER L.L.P.
50 West Liberty Street
Suite 510
Reno, Nevada 89501
Telephone: 775-785-5440
Facsimile: 775-785-5441
Email: cdenney@swlaw.com
cparker@swlaw.com
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Attorneys for Defendants
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Ifrah PLLC
1717 Pennsylvania Ave, NW Suite 650
Washington, DC 20006
(202) 524-4140
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U.S. COMMODITY FUTURES TRADING
COMMISSION,
Case No. 2:13-CV-00992-MMD-VCF
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Plaintiff,
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vs.
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BANC DE BINARY LTD., et al.
UNOPPOSED MOTION FOR
MODIFICATION OF
SCHEDULING ORDER
(Sixth Request)
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Defendants.
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Defendants Banc de Binary Limited (“BDB Cyprus.”), E.T. Binary Options Ltd.
(“ETBO”), B.O. Systems Ltd. (Seychelles) (“BO Systems”), and BDB Services Ltd. (Seychelles)
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Ifrah PLLC
1717 Pennsylvania Ave, NW Suite 650
Washington, DC 20006
(202) 524-4140
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(“BDB Services”) (collectively, “BDB” or “Defendants”), by counsel, submit this unopposed
motion to request a two-week extension of the discovery deadline and a corresponding extension
of the deadlines for dispositive motions and joint pretrial order. Defendants request that the Court
enter an order extending the deadline for discovery from May 6, 2015, to May 20, 2015; the
deadline for dispositive motions from June 6, 2015, to June 20, 2015; and the deadline for the
parties’ Joint Pretrial Order from July 6, 2015, to July 20, 2015.
The undersigned certifies that, on April 7, 2015, counsel for the parties consulted by
telephone regarding the requested relief. Counsel for the Commodity Futures Trading
Commission (“CFTC” or the “Commission”) stated that the Commission does not oppose
Defendants’ request for relief.
In support of this motion, Defendants state as follows:
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On June 5, 2013, CFTC filed its complaint against BDB Cyprus. [Dkt. 1].
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On August 26, 2013, the Court entered a Joint Discovery Plan and Scheduling
Order [Dkt. 40].
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On November 25, 2013, the Court stayed discovery pending adjudication of BDB
Cyprus’ motion to dismiss. [Dkt. 43].
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On February 20, 2014, the Court denied BDB Cyprus’ motion to dismiss and
thereby terminated the stay. [Dkt. 44].
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On March 7, 2014, the Court entered an Amended Scheduling Order. [Dkt. 46].
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On May 6, 2014, CFTC amended the complaint to add ETBO, BO Systems, BDB
Services, and Oren Laurent as defendants.
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On May 7, 2014, the parties filed a second request for modification of the
Scheduling Order [Dkt. 54], which the Court granted the following day [Dkt. 55]. Under the
modified order, discovery was to be completed by January 9, 2015, dispositive motions were to
be filed by February 11, 2015, and the parties were to submit a Joint Pretrial Order by March 11,
2015. [Dkt. 55].
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Scheduling Order [Dkt. 69], which the Court granted that day [Dkt. 70].
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Ifrah PLLC
1717 Pennsylvania Ave, NW Suite 650
Washington, DC 20006
(202) 524-4140
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extended the discovery deadline to May 6, 2015, the deadline for dispositive motions to June 6,
2015, and the deadline for the parties’ Joint Pretrial Order to July 6, 2015.
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schedule for depositions:
a.
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12.
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April 29, 2015
BO Systems
April 30, 2015
Yoram Menachem
May 1, 2015
ETBO
May 4, 2015
After the parties had tentatively agreed to the above-referenced deposition dates,
Defendants’ counsel learned that Mr. Laurent’s wife is expecting. The baby’s due date is May 1,
2015. As such, Mr. Laurent has requested that his deposition be postponed until after May 1st to
ensure he is home when the baby arrives.
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BDB Services
f.
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April 28, 2015
e.
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BDB Cyprus
d.
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April 13, 2015
c.
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Oren Laurent
b.
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On March 27, 2015—before Defendants were given an opportunity to negotiate
deposition dates—CFTC issued amended notices of deposition, which established the following
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On February 26, 2015, CFTC filed a fifth request for modification of the
scheduling order [Dkt. 106], which the Court granted on March 24, 2015 [Dkt. 114]. The Order
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On December 5, 2014, CFTC filed a fourth request for modification of the
scheduling order [Dkt. 81], which the Court granted on January 15, 2015 [Dkt. 101].
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On October 16, 2014, the parties filed a third request for modification of the
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Marios Kosma is the corporate designee for the 30(b)(6) depositions scheduled for
April 28–30 and May 4, 2015. No other person is available to serve as the corporate defendants’
designee.1 After the parties had tentatively agreed to the deposition schedule, Defendants’ counsel
learned that Mr. Kosma’s wife is expecting to deliver the couple’s baby on April 24, 2015.
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Mr. Kosma also served as the Defendants’ corporate designee for the 30(b)(6) depositions in the SEC’s parallel
action.
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Defendants’ counsel requested that CFTC accommodate Mr. Kosma’s potential conflict by
postponing the 30(b)(6) depositions until the first week of May 2015.
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the proposed modifications to the Scheduling Order. Plaintiff’s counsel indicated that the
Commission does not oppose the requested relief.
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Ifrah PLLC
1717 Pennsylvania Ave, NW Suite 650
Washington, DC 20006
(202) 524-4140
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POINTS AND AUTHORITIES
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Rule 16(b)(4) of the Federal Rules of Civil Procedure provides that a scheduling
order “may be modified only for good cause and with the judge’s consent.” In considering
whether a party has shown good cause for modifying a scheduling order, a court considers the
moving party’s reasons for seeking modification, the diligence of the party seeking the
amendment, and the existence or degree of prejudice to the other party. See Johnson v. Mammoth
Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).
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Here, Defendants seek a two-week extension of the discovery deadline to
accommodate the imminent birth of Mr. Laurent’s and Mr. Kosma’s children.
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The requested extension will not prejudice the Commission, as evidenced by
CFTC’s representation that it does not oppose the requested relief.
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Defendants’ request also satisfies the timing requirements under Local Rule 26-4,
which requires all motions for an extension of the discovery deadline to be filed at least twentyone days in advance of the expiration of the subject deadline.
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Under the Court’s March 24, 2015 Order, the current discovery deadline is May 6,
2015. Thus, Defendants’ motion must be filed no later than Wednesday, April 15, 2015.
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On April 7, 2015, Defendants’ counsel consulted with Plaintiff’s counsel regarding
CONCLUSION
WHEREFORE, for good cause shown, Defendants respectfully request that the Court
grant their Unopposed Motion for Modification of the Scheduling Order and extend the discovery
deadline from May 6, 2015 to May 20, 2015; the deadline for dispositive motions from June 6,
2015, to June 20, 2015; and the deadline for the parties’ Joint Pretrial Order from July 6, 2015, to
July 20, 2015.
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The undersigned counsel for Defendants certifies that the foregoing facts and
representations are true and correct.
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Dated: April 7, 2015
Respectfully submitted,
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IFRAH PLLC
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By: /s/ A. Jeff Ifrah
A. Jeff Ifrah
(Admitted Pro Hac Vice)
David B. Deitch
(Admitted Pro Hac Vice)
Rachel Hirsch
(Admitted Pro Hac Vice)
IFRAH PLLC
1717 Pennsylvania Avenue
Suite 650
Washington, D.C. 20006
Telephone: 202-524-4140
Facsimile: 202-521-4141
jeff@ifrahlaw.com
ddeitch@ifrahlaw.com
rhirsch@ifrahlaw.com
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Ifrah PLLC
1717 Pennsylvania Ave, NW Suite 650
Washington, DC 20006
(202) 524-4140
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Craig S. Denney
Nevada Bar No. 6953
Carrie L Parker
Nevada Bar No. 10952
Snell & Wilmer L.L.P.
50 West Liberty Street, Suite 510
Reno, NV 89501
775-785-5440 (office)
775-785-5411 (direct)
775-785-5441 (fax)
cdenney@swlaw.com
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Attorneys for Defendants
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SOL
IT IS SO ORDERED:
UNITED STATES MAGISTRATE JUDGE
April 8, 2015
DATED: __________________________
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 7th day of April, 2015, a copy of the foregoing
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Unopposed Motion for Modification of Scheduling Order to be filed with the Clerk of Court
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using the Court’s CM/ECF system, which will send notification of electronic filing (NEF) to all
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counsel of record.
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/s/ A. Jeff Ifrah
A. Jeff Ifrah
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Ifrah PLLC
1717 Pennsylvania Ave, NW Suite 650
Washington, DC 20006
(202) 524-4140
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