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All About Silver - ... the buck stops here ...
$5 Billion(?) Class Action Against Monex and owners Louis Carabini and Michael Carabini



These are (sometimes slightly redacted) versions of the court documents regarding the CFTC lawsuit against MONEX. At times I remove information about creditors or others that were not voluntarily put into this situation.

To cut down on my costs, some documents are not available (mainly BNC Certificate of Notice, unsigned orders, and other documents that are rarely looked at by the public). If you would like access to a document not linked here, please let me know, and I should be able to add it.

Also, I now have the site set up so that every hour it will copy to the website any dockets that I have downloaded. So if there are newer documents than the ones listed here, you can use the URL http://about.ag/pics/bk/nwt/###.pdf to download it if available (replacing ### with the actual document number you want).

Please let me know if there are any issues accessing these files.

Page last updated 10/04/2017 10:40 ET

Docket #EnteredTitlePagesDocket text
4110/03/2017 ---MOTION by Defendants Louis Carabini, Michael Carabini, Monex Credit Company, Monex Deposit Company, Newport Services Corporation for leave to file excess pages re Memorandum in Support of Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit 1 Memorandum In Support of Motion to Dismiss for Failure to State a Claim, # 2 Exhibit 1 to Memorandum In Support of Motion to Dismiss for Failure to State a Claim | Sauter Declaration, # 3 Exhibit A to Sauter Decla ration | Monex Atlas Marketing Brochure, # 4 Exhibit B to Sauter Declaration | Monex Atlas Account Agreements, # 5 Exhibit C to Sauter Declaration | Worth Complaint, # 6 Exhibit D to Sauter Declaration | Worth Consent Order, # 7 Exhibit E to Sauter Declarartion | Worth Monitor Report, # 8 Exhibit F to Sauter Declaration | Worth CFTC Opposition to Motion to Dismiss, # 9 Exhibit G to Sauter Declaration | Worth Motion to Discharge Monitor, # 10 Exhibit H to Sauter Declaration| Worth Consent Order, # 11 Exhibit 2 to Memorandum In Support of Motion to Dismiss for Failure to State a Claim | Unreported Cases)(Merouse, Steven)
4010/03/2017 ---MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Merouse, Steven)
3910/03/2017 ---MEMORANDUM by Louis Carabini, Michael Carabini, Monex Credit Company, Monex Deposit Company, Newport Services Corporation in support of motion to transfer case 38 pursuant to 28 U.S.C. 1404(a) (Attachments: # 1 Declaration Declaration of Louis Carabini, # 2 Exhibit Compendium of Unreported Cases, # 3 Exhibit CFTC S.D. Calf. Complaints)(Merouse, Steven)
3810/03/2017 ---MOTION by Defendants Louis Carabini, Michael Carabini, Monex Credit Company, Monex Deposit Company, Newport Services Corporation to transfer case pursuant to 28 USC 1404(a) (Merouse, Steven)
3709/20/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini, Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Benjamin J.A Sauter (Sauter, Benjamin) (Docket Text Modified by Clerk's Office) Modified on 9/20/2017 (pk, ).
3609/20/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini, Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Matthew I. Menchel (Menchel, Matthew)
3509/19/2017 ---MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 9/19/2017. Applications by Matthew I. Menchell 33 and Benjamin J.A. Sauter 34 for leave to appear pro hac vice are granted. Defendants motion to change venue is to be filed by 10/3/2017. Response due by 10/17/2017. Reply due by 10/27/2017. The parties are encouraged to initiate discovery prior to the resolution of that motion. Status hearing set for 11/3/2017 at 9:00 a.m. Mailed notice (rth)
3409/19/2017 ---MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13591041. (Sauter, Benjamin)
3309/18/2017 ---MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13590939. (Menchel, Matthew)
3209/18/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini, Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Andrew C. Lourie (Lourie, Andrew)
3109/18/2017 ---WAIVER OF SERVICE returned executed by Michael Carabini. Michael Carabini waiver sent on 9/6/2017, answer due 11/6/2017. (Senderowitz, Stephen)
3009/18/2017 ---WAIVER OF SERVICE returned executed by Louis Carabini. Louis Carabini waiver sent on 9/6/2017, answer due 11/6/2017. (Senderowitz, Stephen)
2909/18/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini by Marilyn B. Rosen (Rosen, Marilyn)
2809/18/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini by Geoffrey M. Miller (Miller, Geoffrey)
2709/18/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini by Jacqueline A, Giannini (Giannini, Jacqueline)
2609/18/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini by Steven Lawrence Merouse (Merouse, Steven)
2509/18/2017 ---ATTORNEY Appearance for Defendants Louis Carabini, Michael Carabini by Stephen Jay Senderowitz (Senderowitz, Stephen)
2409/13/2017 ---WAIVER OF SERVICE returned executed by Newport Services Corporation. Newport Services Corporation waiver sent on 9/6/2017, answer due 11/6/2017. (Senderowitz, Stephen)
2309/13/2017 ---WAIVER OF SERVICE returned executed by Monex Deposit Company. Monex Deposit Company waiver sent on 9/6/2017, answer due 11/6/2017. (Senderowitz, Stephen)
2209/13/2017 ---WAIVER OF SERVICE returned executed by Monex Credit Company. Monex Credit Company waiver sent on 9/6/2017, answer due 11/6/2017. (Senderowitz, Stephen)
2109/13/2017 ---ATTORNEY Appearance for Defendants Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Marilyn B. Rosen (Rosen, Marilyn)
2009/13/2017 ---ATTORNEY Appearance for Defendants Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Geoffrey M. Miller (Miller, Geoffrey)
1909/13/2017 ---ATTORNEY Appearance for Defendants Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Jacqueline A, Giannini (Giannini, Jacqueline)
1809/13/2017 ---ATTORNEY Appearance for Defendants Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Steven Lawrence Merouse (Merouse, Steven)
1709/13/2017 ---ATTORNEY Appearance for Defendants Monex Credit Company, Monex Deposit Company, Newport Services Corporation by Stephen Jay Senderowitz (Senderowitz, Stephen)
1609/12/2017 ---EXHIBIT G1 by Plaintiff Commodity Futures Trading Commission(Filed as a CD) regarding appendix, 9 (nsf, )
1509/12/2017 ---EXHIBIT F1 by Plaintiff Commodity Futures Trading Commission (Filed as a CD) regarding appendix, 9 (nsf, )
1409/12/2017 ---EXHIBIT D1 by Plaintiff Commodity Futures Trading Commission. (Filed as a CD) regarding appendix, 9 (nsf, )
1309/08/2017 ---AMENDED NOTICE of Motion by Michael David Frisch for presentment of motion for preliminary injunction 6 , motion for leave to file excess pages 7 before Honorable Sharon Johnson Coleman on 9/19/2017 at 08:45 AM. (Frisch, Michael)
1209/08/2017 --- NOTICE of Motion by Michael David Frisch for presentment of motion for preliminary injunction 6 , motion for leave to file excess pages 7 before Honorable Sharon Johnson Coleman on 9/14/2017 at 08:45 AM. (Frisch, Michael)
1109/08/2017 ---NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jh, )
1009/06/2017 ---ATTORNEY Appearance for Plaintiff Commodity Futures Trading Commission by Eric L. Schleef (Schleef, Eric)
909/06/2017 ---APPENDIX motion for preliminary injunction 6 (Volume II) (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15, # 13 Exhibit 16, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 19, # 17 Exhibit 20, # 18 Exhibit 21, # 19 Exhibit 22, # 20 Exhibit 23, # 21 Exhibit 24)(Metzger, Carlin)
809/06/2017 ---APPENDIX motion for preliminary injunction 6 (Volume I) (Attachments: # 1 Exhibit 1 (Part 1), # 2 Exhibit 1 (Part 2), # 3 Exhibit 1 (Part 3), # 4 Exhibit 1 (Par t 4), # 5 Exhibit 2, # 6 Exhibit 3)(Metzger, Carlin)
709/06/2017 ---MOTION by Plaintiff Commodity Futures Trading Commission for leave to file excess pages (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction)(Metzger, Carlin)
609/06/2017 ---MOTION by Plaintiff Commodity Futures Trading Commission for preliminary injunction (Metzger, Carlin)
509/06/2017 ---ATTORNEY Appearance for Plaintiff Commodity Futures Trading Commission by Michael David Frisch (Frisch, Michael)
409/06/2017 ---ATTORNEY Appearance for Plaintiff Commodity Futures Trading Commission by Joseph A. Konizeski (Konizeski, Joseph)
309/06/2017 ---ATTORNEY Appearance for Plaintiff Commodity Futures Trading Commission by Carlin R Metzger (Metzger, Carlin)
209/06/2017 ---CIVIL Cover Sheet (Metzger, Carlin)
109/06/2017 ---COMPLAINT filed by Commodity Futures Trading Commission; Jury Demand. (Metzger, Carlin)
--09/06/2017 ---BOGUS


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