Opinion and Order
KIMBA M. WOOD, District Judge.
Currently before the Court are Plaintiffs motions for an indicative ruling and relief from this Court's final judgment pursuant to Federal Rules of Civil Procedure 60(b)(2), 15(a), and 62.1(a)(3). On May 8, 2015, Plaintiff Retirement Board of the Policemen's Annuity and Benefit Fund of Chicago, on behalf of the Policemen's Annuity and Benefit Fund of Chicago, brought a putative class action against FXCM, Dror Niv, and Robert Lande (collectively "Defendants").
Plaintiff asserted claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act"). (Compl. ¶¶ 1, 128-140 [Doc. No. 50]). On August 18, 2016, this Court granted Defendants' motion to dismiss the complaint, finding that Plaintiff failed to allege particularized facts sufficient to raise the strong inference of scienter on the part of the Defendants. (Doc. No. 73). Final judgment was entered on October 7, 2017. (Doc. No. 76).
Plaintiff filed a notice of appeal on November 30, 2016. (Doc. No. 78). After this Court granted Defendant's motion to dismiss, and while Plaintiffs appeal was pending, the U.S. Commodity Futures Trading Commission (the "CFTC") filed two separate enforcement actions against Forex Capital markets, LLC, the U.S. trading subsidiary of FXCM ("FXCM U.S.").
Plaintiff now argues that newly available information relating to the results of the two enforcement actions ("the enforcement evidence") would change this Court's previous assessment with regard to Defendants' scienter. On July 27, 2017, in light of the newly available enforcement evidence, the Second Circuit vacated this Court's previous judgment and remanded for further proceedings consistent with its Summary Order. The Second Circuit's Order obviates Plaintiffs request for 62.1(a)(3) and 60(b) relief, and those motions are DENIED. Plaintiffs motion to file an amended complaint, which incorporates the enforcement evidence, is GRANTED. Plaintiff must file an amended complaint by August 25, 2017. This order resolves Docket Entry 79.