LJM Partners, Ltd. v. Does
| Illinois Northern District Court | |
| Judge: | Manish S Shah |
| Case #: | 1:19-cv-00368 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 7:25 Fraud - Commodities Leverage Contracts |
| Case Filed: | Jan 18, 2019 |
| Last checked: Wednesday Jul 17, 2019 4:16 AM CDT |
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Defendant
John Does
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Plaintiff
LJM Partners, Ltd.
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Represented By
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Unknown
CBOE Exchange, Inc.
400 S. LaSalle St.
Chicago, IL 60605 |
Represented By
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Unknown
CBOE Futures Exchange, LLC
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Represented By
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Unknown
CBOE Global Markets, Inc.
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Represented By
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GPO
Sep 28 2023
MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 9/28/2023: LJM has not adequately alleged that it was injured to support Article III standing and its complaint is dismissed without prejudice for lack of jurisdiction, but without leave to re-plead because amendment would be futile on statute of limitations grounds. Two Roads has adequately pleaded a manipulative device under the CEA, and ordinarily, the defects in pleading intent for price manipulation might be cured in an amended complaint. But the statute of limitations would remain a barrier to proceeding. The parties have fully briefed the prospect of equitable tolling, and Two Roads is not entitled to equitable tolling. Two Roads's complaint was filed outside of the statute of limitations for CEA claims and Two Roads's complaint is dismissed with prejudice, because amendment would be futile. Defendants' motions, 172, 175 (LJM) and 179, 182 (Two Roads) are granted. Enter judgment in favor of defendants in both cases and terminate civil cases. Notices mailed. (psm, ) |