United States Commodity Futures Trading Commission v. Trademasters, USA LLC et al
Filing
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ORDER Granting 71 Motion to appear at the settlement conference through an attorney. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 6/30/17. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNITED STATES COMMODITY FUTURES
TRADING COMMISSION,
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Plaintiff(s),
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v.
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TRADEMASTERS, USA LLC,
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Defendant(s).
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Case No. 2:16-cv-01938-GMN-NJK
ORDER
(Docket No. 71)
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Pending before the Court is Plaintiff’s motion to appear at the settlement conference through an
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attorney who will lack full settlement authority since that authority is vested in a five-person
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commission. Docket No. 71. “Particularly in litigation in which governmental agencies . . . are
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involved, there may be no one with on-the-spot settlement authority, and the most that should be
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expected is access to a person who would have a major role in submitting a recommendation to the body
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or board with ultimate decision-making responsibility.” Fed. R. Civ. P. 16, Advisory Committee Notes
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(1993). Plaintiff contends that the attorney who will be participating in the settlement conference will
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have the authority to negotiate terms and “will affirmatively recommend that the Commission accept”
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negotiated terms. Docket No. 71 at 1-2. The pending motion is therefore GRANTED with that caveat.
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IT IS SO ORDERED.
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DATED: June 30, 2017
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______________________________________
Nancy J. Koppe
United States Magistrate Judge
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