Case 6:08-cv-00187-LED Document 33 Filed 06/30/2008 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

COMMODITY FUTURES TRAING

COMMISSION,

Plaintiff,

v.
CIVIL ACTION NO.: 6-08 CV 187
GEORGE D. HUGINS, individually and dba :
GEORGE D. HUGINS, L.L.c. .
Defendant

PLAINTIFF'S MOTION TO LIFT SEAL OF DOCKET AND FILE IN ITS ENTIRETY

AND MEMORADUM IN SUPPORT

On May 13, 2008, the Honorable Leonard Davis, United States Distrct Cour Judge,

Eastern Distrct of Texas, ordered that,' in pertinent par and for good cause shown, the docket

and file in this matter be sealed temporarly until the filing with the Clerk of Cour the

certification of service documenting that the Defendant, George D. Hudgins dba George D.

Hudgins, L.L.c., had been served with the complaint, sumons and the Cour's orders of May

13, 2008. The Cour fuher ordered that, in any event, the seal would automatically expire 72

hours from the date and time the order sealing the docket and file had been issued.

As described in Plaintiffs May 19,2008, Notice to the Cour of the automatic expiration

of the temporary seal ofthe docket and file in this action, Defendant was served with copies of

the complaint, summons and Court's orders on May 14,2008. Indeed, Defendant's attorney,

Charles Meadows, executed a Waiver of Service of Summons on May 22,2008 (attached here at

Exhibit A), acknowledging that Defendant had received a copy of the Complaint and waiving
 Case 6:08-cv-00187-LED Document 33 Filed 06/30/2008 Page 2 of 6

service of a sumons in this action. Therefore, the Cour's May 13,2008 order temporarily

sealing the docket and file has expired, and the entire docket and file in this action should be

publicly available.

Notwithstanding that the order temporarily sealing the docket and file in this action has

expired, certain items on the docket remain sealed. In paricular, docketed fiings numbered 2,3,

4,6, 7, 8, 9, 15 and 30 remain under seaL. Furher, docketed fiings numbered 5, 12, 13 and 14

are absent from the docket.

Because the Cour's May 13,2008 order temporarily sealing the docket and file in this

action has expired, the entire docket and file, including docketed filings numbered 2,3,4,6, 7,

8,9, 15 and 30 of the docket as well docketed filings numbered 5, 12, 13 and 14 ofthe docket

should also be made publicly available. Accordingly, Plaintiff requests that the Court lift the

seal of the docket and file in its entirety so that all docketed filings are publicly available.

2 Plaintiffs Motion to Lift Seal of Docket and File

CFTC v. Hudgins
 Case 6:08-cv-00187-LED Document 33 Filed 06/30/2008 Page 3 of 6

June 30, 2008 Respectfully submitted,

PLAINTIFF UNITED STATES COMMODITY

FUTURS TRAING COMMISSION

Isl
Kim G. Bruo, Counsel to the Director
(D.C. Bar No. 389899)
kbruno(gcftc.gov (Admitted pro hac vice)

Kathleen M. Banar, Chief Trial Attorney

(Il. Bar No. 6200597)
kbanar(gcftc.gov (Admitted pro hac vice)

United States Commodity Futures Trading

Commission
Division of Enforcement
1155 21st Street, NW,
Washington, D.C. 20581
Telephone: (202) 418-5335 (Banar)
Fax: (202) 418-5531

3 Plaintiffs Motion to Lift Seal of Docket and File

CFTC v. Hudgins
 Case 6:08-cv-00187-LED Document 33 Filed 06/30/2008 Page 4 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

COMMODITY FUTURS TRAING

COMMISSION,

Plaintiff,

v.
CIVIL ACTION NO.: 6-08 CV 187
GEORGE D. HUGINS, individually and dba :
GEORGE D. HUGINS, L.L.C. .
Defendant

rPROPOSEDl ORDER LIFTING SEAL OF DOCKET AND FILE IN ITS ENTIRETY

This matter came on for hearing the _ day of _,2008 on the Motion of Plaintiff U.S.

Commodity Futures Trading Commission for an Order lifting the May 13, 2008 order

temporarily sealing the docket and file in this action in its entirety. The Cour, having reviewed

the Motion and the record in this case,

IT IS HEREBY ORDERED:

The Plaintiffs Motion is GRANTED. The Court's May 13, 2008 order temporarly

sealing the docket and fie is lifted in its entirety, and the entire docket and fie in this action,

including docketed filings numbered 2- 9, 12-15 and 30 shall be publicly available.

SO ORDERED, on at _ o'clock, _M, Tyler, Texas

UNITED STATES DISTRICT JUDGE

 Case 6:08-cv-00187-LED Document 33 Filed 06/30/2008 Page 5 of 6

CERTIFICATE OF CONFERENCE

I hereby certify that on the 30th day of June, 2008, I complied with the meet and confer

requirement of Local Rule CV -7(h) in that I attempted to contact opposing counsel, Charles M.

Meadows, regarding the filing of Plaintif's Motion To Lif Seal Of Docket And File In Its

Entirety And Memorandum In Support. Upon information and belief, this motion is unopposed.

By: Isl
Kim G. Bruno

5 Plaintiffs Motion to Lift Seal of Docket and File

CFTC v. Hudgins
 Case 6:08-cv-00187-LED Document 33 Filed 06/30/2008 Page 6 of 6

CERTIFICATE OF SERVICE

I hereby certify that on the 30th day of June, 2008, I fied Plaintif's Motion To Lif Seal

Of Docket And File In Its Entirety And Memorandum In Supportyia the Court's CMlECF

system, which will send electronic notice to all counsel of record.

By Isl
Kim G. Bruo

6 Plaintiffs Motion to Lift Seal of Docket and File

CFTC v. Hudgins