Commodity Futures Trading Commission v. UForex Consulting, LLC.

MEMORANDUM RULING

DOHERTY, District Judge.

Pending before this Court is a motion to convert a previously filed motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) (lack of subject matter jurisdiction), into a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) (failure to state a claim upon which relief can be granted), or alternatively, to convert the 12(b)(1) motion into a motion for summary judgment. 1 The motion was filed by defendants UForex Consulting, LLC (“UForex”) and Paulo R. Correa. 2

I. Introduction

Plaintiff, the Commodity Futures Trading Commission (“CFTC” or “the agency”), brought…