Weinberg

Order For Entry of Default Judgment, Permanent Injunction and Ancillary Equitable Relief

On March 12, 2002, Plaintiff, Commodity Futures Trading Commission (“Commission” or “CFTC”) filed a Complaint to enjoin Mark Weinberg (“Weinberg” or “Defendant”) from further violations of Sections 4b, 4o (1) and 6c of the Commodity Exchange Act, as amended (“Act”), 7 U.S.C. §§ 6b, 6o (1) and 13a-l (1994). The Court signed a Consent Order of Preliminary Injunction on March 25, 2002 restraining Defendant from violating the Act. On July 5, 2002, Weinberg submitted an Answer. On July 17, 2002, the Court issued a “Notice re Scheduling Conference” (“Notice”). The Notice set October 21, 2002 for a mandatory scheduling conference and reminded parties of their obligation to disclose information, confer on a discovery plan and report to the Court in a manner consistent with F.R.C.P 26. Parties were warned that failure to comply might lead to the imposition of sanctions.

On October 21, 2002, the Court held a mandatory status/scheduling conference at which Weinberg failed to appear. At the conference, Commission counsel advised the Court that Weinberg refused to meet in accordance with F.R.C.P. 26,…