Nawabi

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Commodity Futures Trading Commission, No. 2:22-cev-00717-KJM-JDP Plaintiff, ORDER v. Eshaq M. Nawabi, et al., 1S Defendants. 16 Plaintiff Commodity Futures Trading Commission (CFTC) filed suit against defendants Eshaq Nawabi, Nawabi Enterprise, and Hyperion Consulting Inc., alleging various violations of the Commodity Exchange Act and CFTC regulations. The court granted the CFTC’s ex parte motion for a statutory restraining order (SRO) and ordered defendants to show cause why a preliminary injunction should not issue. Nawabi consents to the entry of a preliminary injunction, 22 but he seeks to tailor the proposed injunctive relief where he believes it clashes with his Fifth Amendment rights under the act-of-production doctrine. As explained below, the mechanics of a 24 proper act-of-production analysis are somewhat unclear in this context, and the parties’ 25 submissions leave unanswered certain…