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COMMODITY FUTURES TRADING COMMISSION, Plaintiff v. DAVID A. LUGER, Defendant

Ex Parte Order Temporarily Sealing Entire File

DANIEL T.K. HURLEY, United States District Judge

Plaintiff, the Commodity Futures Trading Commission ("Commission"), has filed a complaint for permanent injunction and other relief, and moved ex parte, pursuant to Section 6c of the Commodity Exchange Act, as amended (Act). 7 U.S.C. § 13a-1 (1994), for a statutory restraining order freezing Defendant's assets and prohibiting Defendant from destroying any business records. The Court has considered the pleadings, declarations, exhibits, and memorandum filed in support of the Commissions motion. As it appears to the Court that the Court has jurisdiction over the subject matter of this case, that Section 6c of the Act. 7 U.S.C. § 13a-1 (1994), authorizes ex parte relief, and that there is good cause to believe that Defendant has engaged in, is engaging in or is about to engage in violations of the Act:

IT IS HEREBY ORDERED that Plaintiffs ex parte motion to temporarily seal the entire file is GRANTED and that such file be temporarily sealed. The seal will expire automatically upon the earlier of (1) seventy-two (72) hours following issuance of the requested ex parte restraining order or (2) when counsel for the Commission informs the clerk of the court that the seal is no longer necessary.

SO ORDERED.

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COMMODITY FUTURES TRADING COMMISSION v. LUGER, (S.D.Fla. 2002)
(Jun 3, 2002)