Commodities Futures Trading Commission v. Eurogold Exchange, and Gerald L. Rogers, Aka: J.K. Glenn, Defendant-Counter-Claimant-Appellant

52 F.3d 332 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. COMMODITIES FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. EUROGOLD EXCHANGE, Defendant and Gerald L. Rogers, aka: J.K. Glenn, Defendant-Counter-Claimant-Appellant. No. 93-56132. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1995. * Submission Deferred Feb. 10, 1995. Resubmitted April 7, 1995. Decided April 11, 1995. Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 1. Subject Matter Jurisdiction 2 We conclude we have subject matter jurisdiction in this case despite the district court's failure to expressly dismiss the State of California as a counter defendant. The record indicates the district court's orders were intended to dismiss the State. In its order of June 9, 1993, it states there are "no longer ... any pending counterclaims." Moreover, Rogers concedes in his reply brief that the June 9th order indicated the district court dismissed the State in its order…