National Futures Association
Was Sued By Plaintiff Who Also Sued Vision LLC
Kostus OK
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
April 15 – Samantha Siva
Kumaran sued the National
Futures Association, while
also suing Northland Energy
Trading LLC for allegedly
keeping and using her risk
hedging software.
On National
Futures Association, U.S.
District Court
for the
Southern
District of
New York
Magistrate
Judge Stewart
D. Aaron on
January 26, 2021
held a
proceeding.
Inner City
Press covered
it.
Judge
Aaron ordered
that defendant
Tom Kaklec, a
board member
of NFA, by
February 2
must email
Chambers
proposed
redactions to
the Guaranty
and Fee
Agreements
that is Docket
Number 58-1,
with Ms.
Kumaran to
reply to
February 9.
Then, a motion
to dismiss.
On February
11, 2022 District
Judge Gregory H.
Woods held a
conference in
the case. He asked
the plaintiff
why she
thought she
should still get the
separate,
looser rules he
applies to pro se
litigants.
In Kumaran
v. Vision Financial
Markets,
LCC, et al.,
20-cv-3871
(Woods / Aaron),
a proceeding
was held on
April 14 and
Inner City
Press covered
it. But attorney
David Kostus
did not show
up. Judge Aaron
issued read to
those present,
then docketed,
an order
directing
Kostus to appear the
next day or
"sanctions
may be imposed
against him."
For the
April 15
proceeding,
Inner City
Press also
appeared. So
did David
Kostus, citing
health issues.
But his admission
to the SDNY
Bar remains intact,
and Judge
Aaron asked Kumaran
about her
motion to
disqualify Kostus.
"I stand
corrected,"
she said. Kostus remains.
This
case is
Kumaran et al
v. National
Futures
Association et
al., 20-cv-3668
(Woods /
Aaron).
In the
Northland case U.S. District
Court for the Southern
District of New York Judge
Mary Kay Vyskocil held a
proceeding on June 18.
Inner City Press
covered it. Kumaran repeatedly
asked to have forthcoming
filings sealed. Judge Vyskocil
to her credit said, That's not
how it works in Federal
court.
Well, it's
not supposed to be how it
works.
Ultimately Judge Vyskocil
issued an order denying the
motion to strike document from
the record, and referring the
plaintiff's motion for a
protective order to Magistrate
Judge Freeman.
In January
Kumaran argued that defendants
are not complying with their
discovery obligations. On
January 22 Magistrate Judge
Freeman held a proceeding, and
Inner City Press covered it.
The motions to
compel and for sanctions were
both denied, albeit without
prejudice.
On March 9, this:
"Plaintiffs' motions for
reconsideration and for
permission nunc pro tunc to
file excess pages are DENIED,
although, as noted above, the
Court read and considered the
excess pages that Plaintiffs
filed without leave. Moreover,
in the light of the pending
appeal and the history of
abusive filings in this Court,
Plaintiffs are instructed not
to file any further requests
for relief in this case unless
and until the Second Circuit
issues a mandate to the
contrary. The Clerk of Court
is respectfully requested to
terminate the motions at
docket entries 127, 128, 129,
130. 133, and 138. SO ORDERED.
(Signed by Judge Mary Kay
Vyskocil on 3/9/2022)."
The case is
Kumaran et al v. Northland
Energy Trading, LLC et al.,
19-cv-8345 (Vyskocil /
Freeman).
***
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