Case 1:25-cv-02152-ESK-MJS Document 15 Filed 04/18/25 Page 21 of 51 PageID: 142
Control Commission; the Casino Control Commission; and Matthew J. Platkin, Attorney General of New Jersey. 2 Compl. ¶¶ 13–19. Kalshi alleges that the CEA preempts the New Jersey Sports Wagering Act and N.J. Const. art. IV, § 7, ¶ 2(D) because the CEA occupies the entire field of trading on CFTC- regulated markets and because New Jersey law would frustrate the CFTC’s exclusive authority to regulate designated exchanges. Compl. ¶¶ 59–60. Kalshi asks this Court to preliminarily enjoin Defendants from enforcing “N.J. Stat. 5:12A-11, N.J. Const. art. IV, § 7, ¶ 2(D), and any other New Jersey law that attempts to effectively regulate [Kalshi]’s futures market.” Compl. at 15–16. Thereafter, the Division of Gaming Enforcement agreed to further extend Kalshi’s compliance deadline until April 30, 2025, ECF No. 6, and this Court granted the parties’ proposed briefing schedule on the preliminary injunction motion in accordance with that extended deadline, ECF No. 9. STANDARD OF REVIEW Injunctive relief “is an extraordinary remedy that should be granted only in limited circumstances.” Del. State Sportsmen’s Ass’n, Inc. v. Del. Dep’t of Safety & 2 The Division of Gaming Enforcement, the Casino Control Commission, the members of the Casino Control Commission, and the Attorney General are not proper parties to this suit. Claims against state agencies are barred by sovereign immunity. See Pa. Fed’n of Sportsmen’s Clubs, Inc. v. Hess , 297 F.3d 310, 323 (3d Cir. 2002) (“state agencies and departments … when the state is the real party in interest” are “generally immune from suit by private parties in federal court”). Members of the Casino Control Commission, and perhaps the Attorney Gen- eral, are not proper parties because they do not enforce the Sports Wagering Act. See Ex Parte Young , 209 U.S. 123, 157 (1908) (an official is properly named if the official “by virtue of his office has some connection with the enforcement of the act”). Defendants will seek dismissal of these parties at the appropriate time.
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