Commodity Futures Trading Commission v. Alexandre

Motion and Requested Relief

Eddy Alexandre, acting without a lawyer, filed an emergency motion seeking to stay, or pause, the civil proceedings brought by the Commodity Futures Trading Commission and to enjoin, or prohibit, further actions by the receiver. He asked the court to pause the case while it considered motions concerning a proposed counterclaim and crossclaim, judicial recusal, the receiver’s distribution plan, and a related state-court lawsuit.

Arguments in the Motion

Alexandre argued that the proceedings violated due-process and jury-trial rights. He challenged the court’s treatment of EminiFX as a Ponzi scheme and contended that factual issues had been decided without a jury or adequate evidentiary hearing. He also argued that Judge Caproni should recuse herself under 28 U.S.C. § 455(a), based on her prior government role and what he described as the appearance of bias. The motion asserted that the receiver’s actions could cause irreparable harm and affect related litigation.

Ruling

The court stated that it had already reviewed and denied the motion in docket entry 485. The court did not provide additional reasoning in this order. Because the later filing was a duplicate, Judge Caproni directed the Clerk of Court to strike docket entry 487.

Disposition

The emergency motion to stay the civil proceedings and enjoin the receiver’s actions was denied. The duplicate filing at docket entry 487 was struck.