KalshiEX LLC v. CFTC

24-5205 | U.S. Court of Appeals, D.C. Circuit

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Filed Sept. 12, 2024
Judges MILLETT, PILLARD, and PAN
Nature of Suit 1890 Statutory Actions - Other
Original Case 1:23-cv-03257
Last Updated: 17 hours ago Show Interactive Timeline
Filing Date # Docket Text
3/7/2025
  • Responseby Π
RESPONSE [2104534] to letter Rule 28j authorities [2104342-2], letter [2104342-3] filed by KalshiEX LLC [Service Date: 03/07/2025 by CM/ECF NDA] Length Certification: 336 words.. [24-5205] (Rice, Amanda) [Entered: 03/07/2025 03:33 PM]
3/6/2025LETTER [2104342] pursuant to FRAP 28j advising of additional authorities filed by CFTC [Service Date: 03/06/2025 ] [24-5205] (Beri, Raagnee) [Entered: 03/06/2025 04:10 PM]
2/20/2025NOTICE [2101537] to withdraw attorney Jacob Moshe Roth who represented KalshiEX LLC in 24-5205 filed by KalshiEX LLC [Service Date: 02/20/2025 ] [24-5205] (Roth, Jacob) [Entered: 02/20/2025 10:01 AM]
2/3/2025TRANSCRIPT [2098058] of oral argument (For Internal Use Only: Transcript is only available to court staff). [24-5205] [Entered: 02/03/2025 08:28 AM]
1/17/2025ORAL ARGUMENT HELD before Judges Pillard, Wilkins and Rao. [24-5205] [Entered: 01/17/2025 11:03 AM]
1/8/2025FORM 72 submitted by on behalf of Appellant CFTC (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [24-5205] (Schwartz, Robert) [Entered: 01/08/2025 04:49 PM]
1/8/2025FORM 72 submitted by arguing attorney, Jacob (Yaakov) M. Roth, on behalf of Appellee KalshiEX LLC (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [24-5205] (Roth, Jacob) [Entered: 01/08/2025 08:09 AM]
1/6/2025PER CURIAM ORDER [2092681] filed allocating oral argument time as follows: Appellant - 10 Minutes, Appellee - 10 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 01/08/2025. [24-5205] [Entered: 01/06/2025 10:33 AM]
12/5/2024
  • Reply
APPELLANT REPLY BRIEF [2088272] filed by CFTC [Service Date: 12/05/2024 ] Length of Brief: 6500 words. [24-5205] (Beri, Raagnee) [Entered: 12/05/2024 07:19 PM]
11/27/2024
  • Order
CLERK'S ORDER [2087163] filed scheduling oral argument on Friday, 01/17/2025. [24-5205] [Entered: 11/27/2024 03:19 PM]
11/27/2024 CONSENT AMICUS FOR APPELLEE BRIEF [2087020] filed by Forecastex, LLC Daniel Davis [Service Date: 11/22/2024 ] Length of Brief: 5,764. [24-5205] (Davis, Daniel) [Entered: 11/27/2024 10:24 AM]
11/22/2024 CONSENT AMICUS FOR APPELLEE BRIEF [2086475] filed by Aristotle International, Inc. [Service Date: 11/22/2024 ] Length of Brief: 4,142 Words. [24-5205]--[Edited 11/26/2024 by LMF] (Edney, Michael) [Entered: 11/22/2024 11:11 PM]
11/22/2024AMICUS FOR APPELLEE BRIEF [2086445] filed by Professor Joseph A. Grundfest [Service Date: 11/22/2024 ] Length of Brief: 6,495 words. [24-5205]-[Edited 11/26/2024 by LMF] (Unikowsky, Adam) [Entered: 11/22/2024 05:08 PM]
11/22/2024CONSENT AMICUS FOR APPELLEE BRIEF [2086361] lodge by ForecastEx, LLC [Service Date: 11/22/2024] Length of Brief: 5,764. [24-5205]--[Edited 11/22/2024 by SHA]--[Edited 11/25/2024 by EBL]--[Edited 11/26/2024 by LMF] (Davis, Daniel) [Entered: 11/22/2024 04:35 PM]
11/22/2024 CONSENT AMICUS FOR APPELLEE BRIEF [2086326] filed by Paradigm Operations LP [Service Date: 11/22/2024 ] Length of Brief: 2,705 words. [24-5205] (Keller, Scott) [Entered: 11/22/2024 03:12 PM]
11/22/2024NOTICE [2086324] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Paradigm Operations LP [Service Date: 11/22/2024 ] [24-5205] (Keller, Scott) [Entered: 11/22/2024 03:07 PM]
11/22/2024NOTICE [2086256] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Professor Joseph A. Grundfest [Service Date: 11/22/2024 ] [24-5205] (Unikowsky, Adam) [Entered: 11/22/2024 01:00 PM]
11/22/2024 CONSENT AMICUS FOR APPELLEE BRIEF [2086139] filed by Jeremy D. Weinstein [Service Date: 11/22/2024 ] Length of Brief: 1,411 words. [24-5205] (Mills, Christopher) [Entered: 11/22/2024 09:11 AM]
11/15/2024APPELLEE BRIEF [2085055] filed by KalshiEX LLC [Service Date: 11/15/2024 ] Length of Brief: I hereby certify that the foregoing brief complies with the type-volume limitation of Fed. R. App. P. 32(a)(7)(B) because it contains 12,185 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(f).. [24-5205] (Roth, Jacob) [Entered: 11/15/2024 11:41 AM]
11/8/2024LETTER [2084242] advising of arguing counsel's availability for oral argument filed by CFTC [Service Date: 11/08/2024 ] [24-5205] (Beri, Raagnee) [Entered: 11/08/2024 03:08 PM]
10/23/2024NOTICE [2081647] of intention to participate as amicus curiae [Disclosure Listing: Previously Filed] filed by Better Markets, Inc. [Service Date: 10/23/2024 ] [24-5205]--[Edited 10/24/2024 by LMF] (Hall, Stephen) [Entered: 10/23/2024 05:07 PM]
10/23/2024CONSENT AMICUS FOR APPELLANT FINAL BRIEF [2081637] filed by Better Markets, Inc. [Service Date: 10/23/2024 ] Length of Brief: 4,498 Words. [24-5205] (Hall, Stephen) [Entered: 10/23/2024 04:31 PM]
10/16/2024 JOINT APPENDIX [2080038] filed by CFTC [Volumes: 2] [Service Date: 10/16/2024 ] [24-5205] (Aisenbrey, Margaret) [Entered: 10/16/2024 07:54 AM]
10/16/2024APPELLANT BRIEF [2080035] filed by CFTC [Service Date: 10/16/2024 ] Length of Brief: 12,984 Words. [24-5205] (Aisenbrey, Margaret) [Entered: 10/16/2024 07:45 AM]
10/15/2024LETTER [2079727] advising of arguing counsel's availability for oral argument filed by KalshiEX LLC [Service Date: 10/15/2024 ] [24-5205] (Roth, Jacob) [Entered: 10/15/2024 08:39 AM]
10/11/2024PER CURIAM ORDER [2079666] filed ORDERED that the following briefing schedule will apply in this case: APPELLANT Brief and APPENDIX both due 10/16/2024. APPELLEE Brief due on 11/15/2024. APPELLANT Reply Brief due 12/06/2024 (SEE ORDER FOR MORE DETAILS). Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 10/11/2024 05:40 PM]
10/8/2024
  • Reply
REPLY [2078945] filed by CFTC to response [2078658-2] [Service Date: 10/08/2024 by CM/ECF NDA] Length Certification: 1590 words. [24-5205] (Beri, Raagnee) [Entered: 10/08/2024 02:19 PM]
10/7/2024RESPONSE IN OPPOSITION [2078658] to motion [2078007-2] filed by KalshiEX LLC [Service Date: 10/07/2024 by CM/ECF NDA] Length Certification: I hereby certify that the foregoing document complies with the type-volume limitation of Fed. R. App. P. 27(d)(2) because it contains 658 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(f).. [24-5205] (Roth, Jacob) [Entered: 10/07/2024 03:03 PM]
10/4/2024ENTRY OF APPEARANCE [2078381] filed by Samuel V. Lioi on behalf of Appellee KalshiEX LLC. [24-5205] (Lioi, Samuel) [Entered: 10/04/2024 02:41 PM]
10/3/2024PER CURIAM ORDER [2078185] filed ORDERED that appellee file a response to the motion by 4:00 p.m. on Monday, October 7, 2024. Any reply is due by 4:00 p.m. on Tuesday, October 8, 2024. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 10/03/2024 04:46 PM]
10/2/2024
  • Motion
MOTION [2078007] to expedite case filed by CFTC (Service Date: 10/02/2024 by CM/ECF NDA) Length Certification: 581 words, as counted by the word processing software Microsoft Word.. [24-5205] (Beri, Raagnee) [Entered: 10/02/2024 07:17 PM]
10/2/2024ENTRY OF APPEARANCE [2077902] filed by Margaret Aisenbrey on behalf of Appellant CFTC. [24-5205] (Aisenbrey, Margaret) [Entered: 10/02/2024 01:00 PM]
10/2/2024ENTRY OF APPEARANCE [2077895] filed by Raagnee Beri and co-counsel Raagnee Beri on behalf of Appellant CFTC. [24-5205] (Beri, Raagnee) [Entered: 10/02/2024 12:54 PM]
10/2/2024OPINION [2077790] filed (Pages: 15) for the Court by Judge Millett. [24-5205] [Entered: 10/02/2024 10:06 AM]
10/2/2024PER CURIAM ORDER [2077786] filed, that the administrative stay be dissolved. It is FURTHER ORDERED that the motion for stay [2074493-2] be denied without prejudice to renewal should substantiating evidence of irreparable harm arise, in accordance with the opinion issued herein this date. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 10/02/2024 10:02 AM]
10/1/2024TRANSCRIPT [2077657] of oral argument (For Internal Use Only: Transcript is only available to court staff). [24-5205] [Entered: 10/01/2024 02:27 PM]
9/19/2024ENTRY OF APPEARANCE [2075796] filed by Amanda K. Rice on behalf of Appellee KalshiEX LLC. [24-5205] (Rice, Amanda) [Entered: 09/19/2024 04:43 PM]
9/19/2024ORAL ARGUMENT HELD before Judges Millett, Pillard and Pan. [24-5205] [Entered: 09/19/2024 04:38 PM]
9/18/2024LETTER [2075394] concerning oral argument format filed by CFTC [Service Date: 09/18/2024 ] [24-5205] (Stukes, Anne) [Entered: 09/18/2024 03:22 PM]
9/17/2024ENTRY OF APPEARANCE [2075140] filed by Joshua Brooks Sterling on behalf of Appellee KalshiEX LLC. [24-5205] (Sterling, Joshua) [Entered: 09/17/2024 02:12 PM]
9/16/2024FORM 72 submitted by arguing attorney, Robert A. Schwartz, on behalf of Appellant CFTC (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [24-5205] (Schwartz, Robert) [Entered: 09/16/2024 02:22 PM]
9/16/2024ENTRY OF APPEARANCE [2074875] filed by Robert A. Schwartz on behalf of Appellant CFTC. [24-5205] (Schwartz, Robert) [Entered: 09/16/2024 02:21 PM]
9/16/2024FORM 72 submitted by arguing attorney, Yaakov M. Roth, on behalf of Appellee KalshiEX LLC (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [24-5205] (Roth, Jacob) [Entered: 09/16/2024 02:01 PM]
9/16/2024PER CURIAM ORDER [2074792] filed scheduling oral argument on Thursday, 09/19/2024 at 2:00 p.m., allocating oral argument time as follows: Appellant - 15 Minutes, Appellee - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 09/16/2024. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 09/16/2024 10:48 AM]
9/14/2024
  • Reply
REPLY [2074755] filed by CFTC to response [2074739-2] [Service Date: 09/14/2024 by CM/ECF NDA] Length Certification: I hereby certify this document complies with the type-volume limit of Fed. R. App. P. 27(d)(2)(A) because, excluding the parts of the brief exempted by Fed. R. App. P. 32(f), it contains 2,595 words, as counted by Microsoft Word.. [24-5205] (Stukes, Anne) [Entered: 09/14/2024 04:55 PM]
9/13/2024
  • Motion to Stay
RESPONSE IN OPPOSITION [2074739] to motion for stay pending appeal [2074493-2] filed by Kalshiex LLC [Service Date: 09/13/2024 by CM/ECF NDA] Length Certification: I hereby certify that the foregoing brief complies with the type-volume limitation of Fed. R. App. P. 27(d)(2) because it contains 5133 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(f).. [24-5205] (Roth, Jacob) [Entered: 09/13/2024 05:33 PM]
9/12/2024PER CURIAM ORDER [2074504] filed considering motion for stay pending appeal [2074493-2], it is ORDERED that the district court’s September 6, 2024 order be administratively stayed pending further order of the court. It is FURTHER ORDERED that appellee file a response to the emergency motion by 6:00 p.m. on Friday, September 13, 2024. Any reply is due by 6:00 p.m. on Saturday, September 14, 2024. SEE ORDER FOR DETAILS. Before Judges: Millett, Pillard and Pan. [24-5205] [Entered: 09/12/2024 08:25 PM]
9/12/2024ENTRY OF APPEARANCE [2074499] filed by John Henry Thompson on behalf of Appellee Kalshiex LLC. [24-5205] (Thompson, John Henry) [Entered: 09/12/2024 06:01 PM]
9/12/2024LETTER [2074495] Opposing Request for Temporary Administrative Stay filed by Kalshiex LLC [Service Date: 09/12/2024 ] [24-5205] (Roth, Jacob) [Entered: 09/12/2024 05:17 PM]
9/12/2024
  • Motion
EMERGENCY MOTION [2074493] to stay underlying order pending appeal filed by CFTC (Service Date: 09/12/2024 by CM/ECF NDA) Length Certification: I hereby certify this document complies with the type-volume limit of Fed. R. App. P. 27(d)(2)(A) because, excluding the parts of the brief exempted by Fed. R. App. P. 32(f), it contains 5,102 words, as counted by Microsoft Word.. [24-5205] (Stukes, Anne) [Entered: 09/12/2024 05:06 PM]
9/12/2024NOTICE OF APPEAL [2074424] seeking review of a decision by the U.S. District Court in 1:23-cv-03257-JMC filed by CFTC. Appeal assigned USCA Case Number: 24-5205. [24-5205] [Entered: 09/12/2024 12:43 PM]
9/12/2024US CIVIL CASE docketed. [24-5205] [Entered: 09/12/2024 12:42 PM]