United States Seventh Circuit

In an action by the Commodity Futures Trading Commission to obtain documents from defendant, a commodity-pool operator and adviser in the derivatives business, an ex parte order requiring defendant to comply with the CFTC's view of its records-related obligations and freezing all defendant's assets is vacated where the order lasted more than 20 days without an evidentiary hearing, and the Commodity Exchange Act did not allow for an indefinite ex parte order.

Appellate Information

• Decided 08/02/2007
• Published 08/03/2007

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Martin B. White, Commodity Futures Trading Commission Office of the General Counsel, Washington, DC, Diane Romaniuk, Commodity Futures Trading Commission, Chicago, IL, for Plaintiff-Appellee., William J. Nissen, Sidley Austin, Chicago, IL, for Defendant-Appellant.