UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
SHARON JEAN DAWSON
CARR INVESTMENTS, INC.,
CFTC DOCKET NO. 96 R101
On April 27, 1999, the Administrative Law Judge ("ALJ") issued an initial decision in this case finding that the respondents Carr Investments, Inc., Edward Carr, Jr. and Jonathan Lubow engaged in a scheme to cheat and defraud complainant Sharon Jean Dawson in violation of Section 4b of the Commodity Exchange Act, 7 U.S.C.§ 6b (1994) ("CEA"), and Commission Regulation 33.10, 17 C.F.R. § 33.10, resulting in monetary damages to complainant. The ALJ awarded Dawson $519,935. The respondents then appealed.
On May 21, 1999, appellants filed a motion to extend the time to file their appeal brief and to increase its length from the 35-page limit set forth at 17 C.F.R § 12.401(d) to 85 pages. As support for their request, the respondents cited the "extremely voluminous, fact intensive and somewhat complicated record" created by Dawson's "engagement of multiple counsel, her filing of various complaints, and the accounting issues created by the pleadings and the ALJ."
On May 27, 1999, the Commission, acting by delegated authority, granted the extension of time and allowed respondents to file a brief not to exceed 50 pages. Pursuant to Commission Regulation 12.408(c), respondents now seek reconsideration of the delegated authority order and renew their request to file an 85-page brief. See Motion of June 8, 1999.
While the record may be voluminous, this case presents straightforward issues. The entire record will be before the Commission on appeal; the respondents need not use their brief to engage in lengthy recitations of material contained therein. While the respondents have indicated that they wish to address matters dealt with in their two interlocutory appeals, as well as those issues decided by the ALJ, respondents already have been granted an additional 15 pages. That relief should more than be sufficient.
For the foregoing reasons, the motion for reconsideration is DENIED.
IT IS SO ORDERED.
By the Commission (Acting Chairman SPEARS and Commissioners HOLUM, NEWSOME) (Commissioner ERICKSON, not participating).
Jean A. Webb
Secretary of the Commission
Commodity Futures Trading Commission
Dated: June 23, 1999