Gunderson v. ADM Investor Services, Inc.

ORDER REGARDING MOTION TO ENJOIN STATE COURT LITIGATION

BENNETT, District Judge.

The court is called upon here to decide whether to intercede in a race to the courthouse. In this ease, grain producers assert that the “hedge-to-arrive” contracts (“HTAs”) they entered into for the sale and purchase of grain constitute illegal futures contracts under the Commodity Exchange Act, 7 U.S.C. §§ 1-25, and that the propagation of the HTAs was done in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c). Plaintiffs have named as defendants a futures commission merchant,…