US Commodity Futures Trading Commission v. Prestige Capital Advisors, LLC et al

Filing 24

ORDER re 20 Scheduling Order, ( Bench Trial set for 2/4/2013 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr..). Signed by Magistrate Judge David Keesler on 9/24/2012. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-431-MOC-DCK
U.S. COMMODITY FUTURES TRADING
COMMISSION,

)
)
)
Plaintiff,
)
)
v.
)
)
PRESTIGE CAPITAL ADVISORS, LLC, D2W )
CAPITAL MANAGEMENT, LLC, and
)
TOBY D. HUNTER,
)
)
Defendants,
)
__________________________________________)

ORDER

THIS MATTER IS BEFORE THE COURT sua sponte regarding scheduling. The
undersigned observes that the “Pretrial Order And Case Management Plan” (Document No. 20) set
this matter for a trial with a jury; however, neither the “Complaint....” (Document No. 2) nor the
“Civil Cover Sheet” (Document No. 2-1) indicates that Plaintiff sought a jury trial.

See

Fed.R.Civ.P. 38 & 39.
IT IS, THEREFORE, ORDERED that a trial in this matter, if necessary, will be without
a jury unless otherwise ordered by the Court. The trial is currently scheduled for February 4, 2013.
SO ORDERED.

Signed: September 24, 2012