2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
59 THE COURT: Let me go off the record for just one
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second.
(Off-the-record discussion.) THE COURT: We're going to take a short five-minute
break so my court reporter can loosen her fingers and put them in a bowl of ice or something. All right. Take a break for about five minutes. Thanks. (Recess from 12:05 to 12:19 p.m.) THE COURT: All right. Thank you, Ms. Whelan. Let me pick up with a question I asked Kalshi's counsel. Is there room here, should I invite the CFTC to come in and participate and ask them how they feel about preemption and sports betting and things like that? MS. WHELAN: It certainly, I think, as I said before, we could do that. I don't think that it's necessary. It would be interesting to see where they weighed in. I know that we also have a lot of other States that are kind of tuning in and paying attention to what's happening here. I think it's Ohio, Illinois, and New Jersey have sent similar cease and desist letters to Kalshi on similar grounds as Nevada has, so, you know, I'm sure Your Honor is aware this is an issue that's going to affect other jurisdictions and people are paying attention. So the CFTC's input would certainly be welcome. THE COURT: The CFTC stated in its brief before the D.C. Circuit that a CFTC-designated contract maker's contracts
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UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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