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U.S. COMMODITY FUTURES TRADING COM'N v. ATHA

No. CIV.A. 1:05-CV-0293.

420 F.Supp.2d 1373 (2006)

UNITED STATES COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. Paul ATHA, Christopher McDonald, and Michael Whalen, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

March 17, 2006.

Attorney(s) appearing for the Case

Anne Termine, Kathleen M. Banar, Michael John Otten, Commodity Futures Trading Commission, Washington, DC, Laura Kennedy Bonander, U.S. Attorney's Office, Atlanta, GA, for Plaintiff.

Chris Flood, Flood & Flood, David Gerger, David Gerger & Associates, Houston, TX, Jeffery Tillman Coleman, Chorey Taylor & Feil, Richard Wayne Hendrix, Finch McCranie, Wilmer Parker, III, Gillen Parker & Withers, Atlanta, GA, John M. Fedders, Law Office Of John M. Fedders, Washington, DC, Edward W. Swanson, Swanson & McNamara, LLP, San Francisco, CA, for Defendants.

OPINION AND ORDER

FORRESTER, Senior District Judge.

This matter is before the court on Defendants' joint motion to dismiss [10-1]; Plaintiff's motion to supplement response [33-1]; and Plaintiff's motion to supplement response [38-1].

I. Background

A. Procedural History and Facts Alleged in Complaint

On February 1, 2005, the Commodity Futures Trading Commission ("CFTC") filed suit against Defendants...

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