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1033174\306991622.v1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DISTRICT 

Commodity Futures Trading Commission, 

Plaintiff 

v. 

Long Leaf Trading Group, Inc., James A. 

Donelson, Timothy M. Evans, Jeremy S. 

Ruth, and Andrew D. Nelson, 

Defendants 

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) 

) 

) 

) 

) 

) 

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) 

) 

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Case No. 20-3758 

 

JOINT STATUS REPORT

Pursuant to Docket Entry 32, Plaintiff Commodity Futures Trading Commission 

(“CFTC”), and Defendants Long Leaf Trading Group, Inc. (“Long Leaf Trading”), James A. 

Donelson, and Jeremy Ruth submit this joint written status report.1

Service and Pleadings

The CFTC filed its complaint on June 26, 2020. (D.E. 1.) Defendants Long Leaf 

Trading, Donelson, and Ruth waived formal service of process; their executed waivers were filed 

on July 6 and 7. (D.E. 7-9.) Defendant Nelson was served at his last known address (his 

parents’ house) and by email, pursuant to an order of the Court. (D.E. 13, 15.) 

The CFTC believes Defendant Timothy M. Evans currently resides in Tulum, Mexico. 

(Compl. ¶ 17.) As such, the CFTC on July 7, 2020, initiated service under the Hague 

 

1

 Defendant Andrew D. Nelson has not responded to the summons, answered the complaint, or otherwise 

defended himself in this litigation. Counsel for the CFTC attempted to contact Nelson via email about 

this joint status report on November 9, 2020. Mr. Nelson has not responded. 

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Convention on the Service Abroad of Judicial and Extrajudicial Documents pursuant to Federal 

Rule of Civil Procedure 4(f)(1).2

 

Defendants Donelson and Long Leaf Trading filed their answers on September 18 and 

September 21, respectively. (D.E. 21, 23.) Donelson subsequently filed an unopposed motion to 

amend his answer, which the Court granted. (D.E. 26, 29.) Defendant Ruth timely filed his 

answer on November 2, 2020. (D.E. 36.) His attorney Andrew S. May of the law firm of 

Hinshaw & Culbertson, LLP filed his appearance on the same day. (D.E.37). 

Ongoing Discovery

The parties are presently engaged in discovery. Pursuant to Docket Entry 11 and Federal 

Rule of Civil Procedure 26(f)(2), the CFTC and Defendants Long Leaf Trading, Donelson, and 

Ruth filed a joint status report on September 3, 2020.3

 (D.E. 18.) In the September 3rd status 

report, the parties agreed to a discovery schedule in which Rule 26(a)(1) initial disclosures would 

be exchanged on September 30, 2020 for all parties except Ruth, who requested that his 

disclosures be due October 31, 2020. (Id. at 5.) The parties also agreed that fact discovery will 

conclude on May 1, 2021. (Id.) 

The CFTC served its Rule 26(a)(1)(A)(i) disclosures on Defendants Donelson and Long 

Leaf Trading on September 30, 2020. The CFTC has been making rolling productions of 

relevant documents pursuant to Rule 26(a)(i)(A). 

Defendants Donelson and Long Leaf served their Rule 26(a)(1)(A)(i) disclosures on 

October 14, 2020, Defendant Ruth served his Rule 26(a)(1)(A)(i) disclosures on November 10, 

 

2

 The CFTC understands that service of process in Mexico pursuant to the Convention can often take the 

better part of a year; it is unclear how the global COVID-19 pandemic will affect this timetable. 

3

 The proposed discovery schedule has not been entered by the Court. 

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2020. Defendant Nelson has not yet served his initial disclosures. No Defendant has produced 

any responsive documents pursuant to Rule 26(a)(i)(A). 

The CFTC propounded its first set of requests for production pursuant to Rule 34 to 

Defendants Donelson and Long Leaf Trading on August 25, 2020. The CFTC served its first set 

of interrogatories and second set of requests for production on Defendants Donelson and Long 

Leaf Trading on October 1, 2020. Defendants Donelson and Long Leaf Trading failed to timely 

respond or object to the CFTC’s requests or interrogatories. After consultation with counsel for 

Donelson and Long Leaf, the CFTC agreed not to file a motion to compel if Donelson and Long 

Leaf Trading respond to the interrogatories by November 16 and produce all responsive 

documents by December 4, 2020. 

On October 5, 2020, the CFTC served Defendant Ruth with its first set of requests for 

production. Ruth responded in writing to that set of requests on November 11, 2020. The CFTC 

has offered an extension of the production deadline until December 4, 2020. Ruth has requested 

until December 24, 2020 to produce responsive documents. The parties intend to meet and 

confer concerning a production deadline. 

Settlement Discussions

The parties are not actively engaged in settlement talks. Based on pre-suit discussions, 

the parties currently expect the case to proceed to trial. 

Pending Motions

 There are no pending motions. 

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Other

 As the Court is aware, Nicholas Iavarone withdrew from representing Defendants Long 

Leaf and Donelson due to health issues related to Covid-19. Long Leaf and Donelson have 

retained new counsel. Attorney James Falvey will be representing Long Leaf and Donelson on a 

going forward basis and intends to file his appearance in the immediate future; attorney Larry 

Landsman intends to file a motion to withdraw. Certain of the discovery deadlines have not been 

met, in part, due to Mr. Iavarone’s illness, as described above. 

/s/ Ashley J. Burden /s/ James Falvey

Ashley J. Burden 

aburden@cftc.gov 

Elizabeth M. Streit 

estreit@cftc.gov 

Joseph C. Platt 

jplatt@cftc.gov 

Scott R. Williamson 

swilliamson@cftc.gov 

Robert T. Howell 

rhowell@cftc.gov 

Commodity Futures Trading Commission 

Division of Enforcement 

525 W. Monroe St., Ste. 1100 

Chicago, IL 60661 

(312) 596-0700 

Jim Falvey 

jimfalvey@yahoo.com 

Falvey Law Office 

200 S. Wacker Dr., Ste. 3100 

Chicago, IL 60606-5877 

(312) 404-5839 

 

Counsel for Plaintiff CFTC Counsel for Defendants Long Leaf Trading 

Group and James Donelson 

/s/ Andrew S. May

Andrew S. May 

amay@hinshawlaw.com 

Hinshaw & Culbertson LLP 

151 N. Franklin St., Ste. 2500 

Chicago, IL 60606 

(312) 704-3400 

Counsel for Defendant Jeremy Ruth 

 

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CERTIFICATE OF SERVICE 

I hereby certify that on November 12, 2020, I provided service to the persons listed 

below, and by the following means: 

Via the Court’s electronic CM/ECF system: Via email, pursuant to D.E. 13, to: 

Jim Falvey (via email) 

jimfalvey@yahoo.com 

Falvey Law Office 

200 S. Wacker Dr., Ste. 3100 

Chicago, IL 60606-5877 

(312) 404-5839 

Counsel to Long Leaf Trading Group, Inc. 

and James A. Donelson 

Andrew S. May 

amay@hinshawlaw.com 

Hinshaw & Culbertson LLP 

151 N. Franklin St., Ste. 2500 

Chicago, IL 60606 

(312) 704-3400 

Counsel to Jeremy Ruth 

Andrew D. Nelson 

267 May St. E. 

Elmhurst, IL 60126 

adnelson0503@gmail.com 

Pro se 

/s/ Joseph C. Platt 

Counsel for Commodity Futures Trading 

Commission 

Joseph C. Platt 

jplatt@cftc.gov 

Commodity Futures Trading Commission 

Division of Enforcement 

525 W. Monroe St., Ste. 1100 

Chicago, IL 60661 

Phone: (312) 596-0700 

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