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U.S. COMMODITY FUTURES TRADING COM'N v. BYRNES

No. 13-CV-1174 (VSB).

58 F.Supp.3d 319 (2014)

U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. William BYRNES, Christopher Curtin, The New York Mercantile Exchange, Inc., and Ron Eibschutz, Defendants.

United States District Court, S.D. New York.

Signed September 30, 2014.

Attorney(s) appearing for the Case

Patryk J. Chudy, Patrick Daly, James G. Wheaton, David W. MacGregor, Division of Enforcement, U.S. Commodity Futures Trading Commission, New York, NY, for Plaintiff.

Albert Hogan III, Patrick Fitzgerald, Jerrold Salzman, Gretchen Wolf, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IN, Mark Young, Skadden, Arps, Slate, Meagher & Flom LLP, Washington D.C., for Defendant The New York Mercantile Exchange, Inc.

MEMORANDUM & ORDER

Defendant The New York Mercantile Exchange, Inc. ("NYMEX") moves to dismiss Count II of the Amended Complaint (the "AC") filed by Plaintiff U.S. Commodity Futures Trading Commission ("Plaintiff" or the "CFTC"). The allegations of the AC support a reasonable inference that...

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