COMMONWEALTH OF MASSACHUSETTS v. KALSHIEX LLC
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:25-cv-12595 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Sep 16, 2025 |
| Terminated: | Oct 28, 2025 |
| Last checked: Friday Oct 31, 2025 3:50 AM EDT |
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Defendant
KalshiEX LLC
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Represented By
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Plaintiff
Commonwealth of Massachusetts
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Represented By
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| Docket last updated: 12/14/2025 11:59 PM EST |
| Tuesday, October 28, 2025 | ||
| 36 | 36
misc
Case file sent
Tue 10/28 3:55 PM
Case file sent to Massachusetts Superior Court for Suffolk County. (JAM) |
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| 35 | 35
1
pgs
order
Order of Remand to State Court
Tue 10/28 3:55 PM
Judge Richard G. Stearns: ORDER entered. ORDER OF REMAND to Massachusetts Superior Court for Suffolk County. (JAM) |
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order
Order on Motion to Remand to State Court
Tue 10/28 2:42 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 20 Motion to Remand to State Court. The Commonwealth of Massachusetts (the Commonwealth) filed this civil enforcement action against defendant KalshiEX LLC (Kalshi) in state court. Kalshi removed the case to this court on September 16, 2025. Before the court now is the Commonwealth's timely motion to remand. For the following reasons, the court will allow the motion. The complaint asserts a single claim against Kalshi: unlicensed sports wagering in violation of Mass. Gen. Laws ch. 23N, § 5. Kalshi does not contend that the federal Commodity Exchange Act (CEA) completely preempts the state's traditional police power to regulate sports gambling within its borders. It argues only that the CEA precludes regulation of the specific subset of sports gambling that Kalshi offers -- wagering on designated contract markets. See Oppn [Dkt # 31] at 13. This is a plain vanilla federal preemption defense, not a claim of complete preemption. The distinction matters. Complete preemption arises in instances where "Congress so strongly intended an exclusive federal cause of action that what a plaintiff calls a state law claim is to be recharacterized as a federal claim." Fayard v. Ne. Vehicle Servs., LLC , 533 F.3d 42, 45 (1st Cir. 2008) (emphasis in original). It is "a narrow exception to the well-pleaded complaint rule," Lopez-Munoz v. Triple-S Salud, Inc. , 754 F.3d 1, 5 (1st Cir. 2014), and applies only where the defendant can show clear Congressional intent to displace state regulation, see Hillsborough Cnty. v. Automated Med. Lab'ys, Inc. , 471 U.S. 707, 717-720 (1985); see also Rhode Island v. Shell Oil Prods. Co. , 35 F.4th 44, 57 (1st Cir. 2022) (defendant must show Congress clearly intended to supersede state authority) (emphasis in original). The court discerns no such clear intent in the CEA or its legislative history. Accordingly, the case is remanded to the Massachusetts Superior Court for Suffolk County. (RGS, law3) |
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| Monday, October 27, 2025 | ||
| 33 | 33
respm
Reply to Response to Motion
Mon 10/27 5:15 PM
REPLY to Response to20 MOTION to Remand to State Court filed by Commonwealth of Massachusetts. (Castrucci, Louisa) |
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| Wednesday, October 15, 2025 | ||
| 32 | 32
misc
Declaration
Wed 10/15 5:56 PM
DECLARATION re31 Response to Motion to Remand by KalshiEX LLC.(Mainland, Grant) |
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Att: 1
Exhibit A
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respm
Response to Motion
Wed 10/15 5:54 PM
RESPONSE to Motion re20 MOTION to Remand to State Court filed by KalshiEX LLC. (Mainland, Grant) |
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| 30 | 30
notice
Notice of Appearance
Wed 10/15 10:47 AM
NOTICE of Appearance by Louisa Castrucci on behalf of Commonwealth of Massachusetts (Castrucci, Louisa) |
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| Friday, October 10, 2025 | ||
| 29 | 29
notice
Notice - Other
Fri 10/10 1:47 PM
NOTICE by KalshiEX LLC Notice of Filing of State Court Record(Flores, Javier) |
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Att: 1
Exhibit Part 1 of Exhibit A,
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Att: 2
Exhibit Part 2 of Exhibit A,
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Att: 3
Exhibit Part 3 of Exhibit A,
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Att: 4
Exhibit Part 4 of Exhibit A
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| Wednesday, October 01, 2025 | ||
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order
Order
Wed 10/01 2:14 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 27 Status Report. Kalshi's response to the motion to remand is due 10/15/2025. Any reply from the Commonwealth is due 10/27/2025. Kalshi's deadline to respond to the complaint and the emergency motion for a preliminary injunction shall be held in abeyance until the court issues a decision on the merits of the motion to remand.(RGS, law3) |
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| 27 | 27
misc
Status Report
Wed 10/01 1:28 PM
STATUS REPORT Joint; filed on behalf of all parties per ECF No. 9 by Commonwealth of Massachusetts. (Edlin, Joshua) |
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| Friday, September 26, 2025 | ||
| 26 | 26
notice
Notice of Appearance
Fri 09/26 8:38 PM
NOTICE of Appearance by William Havemann on behalf of KalshiEX LLC (Havemann, William) |
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| 25 | 25
notice
Notice of Appearance
Fri 09/26 8:35 PM
NOTICE of Appearance by Andrew Leighton Porter on behalf of KalshiEX LLC (Porter, Andrew) |
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notice
Notice of Appearance
Fri 09/26 8:32 PM
NOTICE of Appearance by Grant R. Mainland on behalf of KalshiEX LLC (Mainland, Grant) |
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| 23 | 23
notice
Notice of Appearance
Fri 09/26 8:23 PM
NOTICE of Appearance by Joshua Brooks Sterling on behalf of KalshiEX LLC (Sterling, Joshua) |
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| 22 | 22
notice
Notice of Appearance
Fri 09/26 11:49 AM
NOTICE of Appearance by Javier F. Flores on behalf of KalshiEX LLC (Flores, Javier) |
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| Wednesday, September 24, 2025 | ||
| 21 | 21
16
pgs
respm
Memorandum in Support of Motion
Wed 09/24 3:58 PM
MEMORANDUM in Support re20 MOTION to Remand to State Court filed by Commonwealth of Massachusetts. (Chan, Alda) |
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| 20 | 20
motion
Remand to State Court
Wed 09/24 3:57 PM
MOTION to Remand to State Court by Commonwealth of Massachusetts.(Chan, Alda) |
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Att: 1
Text of Proposed Order Proposed Order
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| Tuesday, September 23, 2025 | ||
| 19 | 19
notice
Notice of Appearance
Tue 09/23 1:04 PM
NOTICE of Appearance by Joshua Randall Edlin on behalf of Commonwealth of Massachusetts (Edlin, Joshua) |
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| Monday, September 22, 2025 | ||
| 18 | 18
notice
Notice of Appearance
Mon 09/22 1:43 PM
NOTICE of Appearance by Michael P. Moore, Jr on behalf of Commonwealth of Massachusetts (Moore, Michael) |
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| 17 | 17
notice
Notice of Appearance
Mon 09/22 10:26 AM
NOTICE of Appearance by Alda Chan on behalf of Commonwealth of Massachusetts (Chan, Alda) |
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| Friday, September 19, 2025 | ||
| 16 | 16
service
Affidavit of Service Notice of Service of Process
Fri 09/19 4:08 PM
AFFIDAVIT OF SERVICE Executed by Commonwealth of Massachusetts. All Parties. Acknowledgement filed by Commonwealth of Massachusetts., Notice of Service of Process filed by Commonwealth of Massachusetts. Individual(s)/Entities served: KalshiEx LLC.(Rinehimer, Jared) |
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Att: 1
Affidavit Ex. 1 - Affidavit of Service of Alda Chan
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| 15 | 15
order
Order on Motion for Leave to Appear
Fri 09/19 2:58 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Grant R. Mainland, granting 11 Motion for Leave to Appear Pro Hac Vice Added Joshua B. Sterling, granting 12 Motion for Leave to Appear Pro Hac Vice Added Andrew Porter and granting 13 Motion for Leave to Appear Pro Hac Vice Added Will E. Havemann. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected. Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) |
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| 14 | 14
notice
Notice of Appearance
Fri 09/19 2:10 PM
NOTICE of Appearance by Jared Andrew Rinehimer on behalf of Commonwealth of Massachusetts (Rinehimer, Jared) |
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| 13 | 13
motion
Appear Pro Hac Vice
Fri 09/19 12:52 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Will E. Havemann Filing fee: $ 125, receipt number AMADC-11248539 by KalshiEX LLC.(Flores, Javier) |
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Att: 1
Exhibit 1
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| 12 | 12
motion
Appear Pro Hac Vice
Fri 09/19 12:50 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Porter Filing fee: $ 125, receipt number AMADC-11248529 by KalshiEX LLC.(Flores, Javier) |
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Att: 1
Exhibit 1
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| 11 | 11
motion
Appear Pro Hac Vice
Fri 09/19 12:46 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Joshua B. Sterling Filing fee: $ 125, receipt number AMADC-11248519 by KalshiEX LLC.(Flores, Javier) |
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Att: 1
Exhibit 1
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| 10 | 10
motion
Appear Pro Hac Vice
Fri 09/19 12:39 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Grant R. Mainland Filing fee: $ 125, receipt number AMADC-11248440 by KalshiEX LLC.(Flores, Javier) |
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Att: 1
Exhibit 1
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| Wednesday, September 17, 2025 | ||
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order
Order on Motion for Miscellaneous Relief
Wed 09/17 9:20 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting as unopposed 8 Motion. The parties shall submit a joint status report on the case to the court within fourteen (14) days of this Order. (RGS, law3) |
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| Tuesday, September 16, 2025 | ||
| 8 | 8
motion
Miscellaneous Relief
Tue 09/16 8:03 PM
MOTION FOR DISSOLUTION OF STATE COURT ORDER (UNOPPOSED) by KalshiEX LLC.(Flores, Javier) |
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Att: 1
Exhibit A
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notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Tue 09/16 6:13 PM
Certified Copy of Notice of Removal Provided to Defense Counsel by mail. Counsel who filed an appearance in this case prior to its removal must refer to[LINK:Local Rule 83.5.3(f)] Practice by Persons Not Members of the Bar on how to proceed as an attorney in this court. General Information for Attorneys can be found[LINK:here] . (FC) |
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| 6 | 6
misc
Civil Cover Sheet & Category Sheet
Tue 09/16 12:45 PM
Civil Cover Sheet & Category Sheet by KalshiEX LLC.(Flores, Javier) |
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Att: 1
Category Form Attachment
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| 5 | 5
notice
Notice of Case Assignment
Tue 09/16 11:46 AM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (NMC) |
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respoth
Brief - not related to a motion
Tue 09/16 11:29 AM
BRIEF by KalshiEX LLC Certification of Related Cases Pursuant to Local Rule 40.1(G)(5)(B) . (Flores, Javier) |
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misc
Corporate Disclosure Statement
Tue 09/16 11:07 AM
CORPORATE DISCLOSURE STATEMENT by KALSHIEX LLC. (Flores, Javier) |
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| 2 | 2
notice
Notice - Other
Tue 09/16 11:06 AM
ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet (JKK) |
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| 1 | 1
notice
Notice of Removal
Tue 09/16 10:59 AM
NOTICE OF REMOVAL by KalshiEX LLC ( Filing fee: $ 405, receipt number BMADC-11238636 Fee Status: Filing Fee paid)(Flores, Javier) Modified on 9/16/2025 (JKK). |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B - Part 1,
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Att: 3
Exhibit B - Part 2,
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Att: 4
Exhibit B - Part 3,
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Att: 5
Exhibit C,
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Att: 6
Civil Cover Sheet
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