2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
40 to reconcile cutting off access to contracts, even open contracts, to members of one state with the obligation to make -- to offer impartial access and to avoid market disruptions because the market disruption from that would be significant. THE COURT: Let me pause at the solution to that. Under the statute, you can seek pre-approval. And so you go to the CFTC and say, Nevada's not allowing us to take Nevada bets. We propose setting up this contract to exclude Nevada bets, wagers, acceptances on the contracts. CFTC blessed this, if you would, it's not our fault, we're trying to be across the board, open to everybody, but we're prohibited by State law, so bless this. They bless it or they don't, but that absolves you from a problem of a core principle violation. Isn't that a solution to your problem so it's no longer irreparable harm. MR. HAVEMANN: I don't think so, Your Honor, because that still leaves the problem of open positions. THE COURT: The open positions, maybe, going forward. Okay. MR. HAVEMANN: And going forward, I think there would be other issues with that. And if the Commission says no, the Commission says -- THE COURT: Then you don't do it. MR. HAVEMANN: And then you incur the irreparable
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UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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