2026 Membership Book FINAL

Case 2:25-cv-00978-APG-BNW Document 105 Filed 10/14/25 Page 27 of 27

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even apply in this situation, such as accord and satisfaction, arbitration and award, or statute of frauds. See Fed. R. Civ. P. 8(c). Crypto should not have to guess which of these 18 defenses the defendants are asserting or the grounds for asserting them. I therefore strike this defense, with leave to amend. IV. CONCLUSION I THEREFORE ORDER that North American Derivative Exchange, Inc.’s motion for a preliminary injunction (ECF No. 15) is DENIED . I FURTHER ORDER that North American Derivative Exchange, Inc.’s motion for judgment on the pleadings (ECF No. 42) is DENIED . I FURTHER ORDER that North American Derivative Exchange, Inc.’s motion to strike (ECF No. 43) is GRANTED in part as set forth in this order. I FURTHER ORDER that the defendants may file an amended answer by November 4, 2025. I FURTHER ORDER that the motion for leave to file an amicus brief (ECF No. 74) is GRANTED . I FURTHER ORDER the clerk of court to substitute as a defendant the current chairman of the Nevada Gaming Control Board, Mike Dreitzer, for former chairman Kirk Hendrick under Federal Rule of Civil Procedure 25(d). DATED this 14th day of October, 2025.

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ANDREW P. GORDON CHIEF UNITED STATES DISTRICT JUDGE

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