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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

 ) 

 ) Case No.: 20-Civ-21887-GAYLES 

COMMODITY FUTURES TRADING ) 

COMMISSION, ) Hon. Darrin P. Gayles 

 ) 

Plaintiff, ) 

 ) 

 v. ) 

 ) 

DANIEL FINGERHUT, DIGITAL PLATINUM, ) 

INC., DIGITAL PLATINUM, LTD., HUF ) 

MEDIYA, LTD (a.k.a HOOF MEDIA LTD.), ) 

TAL VALARIOLA, and ITAY BARAK, ) 

 ) 

 Defendants, ) 

 ) 

and ) 

 ) 

AICEL CARBONERO, ) 

 ) 

 Relief Defendant. ) 

__________________________________________) 

PLAINTIFF CFTC’S MOTION TO VACATE TRIAL DATE 

 Plaintiff Commodity Futures Trading Commission (“CFTC”) files this motion to vacate 

the presently set trial date of April 11, 2022, to provide sufficient time for the parties to prepare 

for any trial in the event the Court denies the CFTC’s pending motion for summary judgment. In 

support of this motion, the CFTC states: 

1. On August 2, 2021, after settlement discussions between the CFTC and Relief 

Defendant Aicel Carbonero fizzled out, the CFTC moved the Court to reopen the case to conduct 

limited discovery and file a motion for summary judgment against Carbonero. (ECF No. 266.) 

All claims against all other non-defaulting Defendants in this action have been resolved via entry 

of consent orders. (See ECF Nos. 283, 284.) 

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2. On October 13, 2021, the Court entered a revised scheduling order that included 

an April 11, 2022 trial date and various pre-trial deadlines. (ECF No. 277.) 

3. The CFTC filed its motion for summary judgment against Carbonero on 

November 5, 2021. (ECF No. 279.) Carbonero filed her first response on November 19, 2021. 

(ECF No. 285.) The CFTC filed its reply brief on December 3, 2021. (ECF No. 287.) 

Carbonero then decided she wished to file additional documents in opposition to the CFTC’s 

motion. (See ECF Nos. 289, 289-1, 290, 296, 298, 298-1). After Carbonero’s flurry of filings, 

the CFTC’s motion for summary judgment has been fully briefed since February 11, 2022. 

4. Given this posture, the Court stayed all pre-trial deadlines during a hearing that 

took place on January 12, 2022. (ECF No. 295.) 

5. In light of the pending motion for summary judgment, the CFTC respectfully 

requests that the Court vacate the presently set April 11, 2022 trial date that remains on this 

case’s calendar to provide sufficient time for the parties to prepare for trial in the event the Court 

denies the CFTC’s motion for summary judgment. 

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Local Rule 7.1 Certification

 Undersigned counsel contacted Carbonero’s counsel to determine whether Carbonero has 

a position on this motion and they responded: “Opposed to vacating trial date. We are ready. 

However, No opposition to clarification.” 

Dated: March 23, 2022. 

Respectfully submitted, 

/s/ Joseph Platt 

Counsel for Plaintiff Commodity Futures 

Trading Commission 

Candice Haan 

chaan@cftc.gov 

Joseph Platt 

jplatt@cftc.gov 

Allison Passman 

apassman@cftc.gov 

Commodity Futures Trading Commission 

Division of Enforcement 

525 West Monroe Street, Suite 1100 

Chicago, Illinois 60661 

 

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CERTIFICATE OF SERVICE 

The undersigned, an attorney with Plaintiff Commodity Futures Trading Commission, 

hereby certifies that a true and accurate copy of this Motion to Vacate Trial Date was served on 

all parties that have appeared in this case through the Court’s CM/ECF filing system. 

Dated: March 23, 2022 

 

/s/ Joseph C. Platt 

 

 ONE OF THE ATTORNEYS FOR 

 PLATINIFF COMMODITY FUTURES 

 TRADING COMMISSION 

 Joseph C. Platt 

 Trial Attorney 

 Special Bar ID #A5502676 

 jplatt@cftc.gov 

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