Commodity Futures Trading Commission v. Van DykeCommodity Futures Trading Commission v. Van Dyke
- Reporters:
- Before:
- Andrew L. Carter Jr.
ANDREW L. CARTER, JR., United States District Judge:
On July 6, 2026, Defendant filed a letter motion requesting a pre-motion conference regarding anticipated motion to dismiss. See ECF No. 18. On July 8, 2026, the United States of America filed a motion to intervene and motion to stay this case pending the ongoing criminal proceeding against Defendant. See ECF No. 21. On July 23, 2026, this Court filed an Order to Show Cause (“OSHOW”) as to why this case should not be stayed pending the outcome of the criminal proceedings in United States v. Gannon Ken Van Dyke, 26 Cr. 156 (MMG) given the potential Fifth Amendment implications. See ECF No. 30. Plaintiff and Defendant thereafter filed their responses to this Court’s OSHOW. See ECF Nos. 31, 33.
Having considered and relied upon the Parties’ responses and the above-mentioned motions and accompanying memoranda of law and declarations, the Court hereby GRANTS the motion to stay this case pending the outcome of the criminal proceeding. Further, the Court DENIES Defendant’s letter motion for a conference regarding his anticipated motion to dismiss and the United States’ motion to intervene in this action without prejudice to re-file pending the resolution of the criminal proceeding against Defendant.
SO ORDERED.
Dated: August 7, 2026
New York, New York
ANDREW L. CARTER, JR.
United States District Judge