142181P.pdf   08/03/2015  United States Commodity Future  v.  Michael Kratville
   U.S. Court of Appeals Case No:  14-2181
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Author, with Wollman and Benton, Circuit Judges] 
   Civil case - Commodities Exchange Act. The district court did not abuse 
   its discretion in denying defendant's motion for additional time to review 
   documents contained on a CD ROM the U.S. Attorney had provided his 
   attorney in a related criminal prosecution; the district court was not 
   barred from considering investor affidavits provided in support of the 
   Commission's motion for summary judgment because the Commission was not a 
   party to the settlement agreements between those investors and defendant; 
   the district court did not err in rejecting defendant's crediblity-based 
   challenges to certain investor affidavits; no error in refusing to 
   consider an affidavit from defendant's expert when he had not been timely 
   disclosed as an expert; the district court did not err in granting the 
   Commission's motion for summary judgment on its claim defendant committed 
   fraud in violation of the Commodities Exchange Act and its implementing 
   regulations as the Commission showed misrepresentations, scienter and 
   materiality; no error in denying defendant's Rule 60(b) motion based on a 
   claim his former attorney had not provided competent counsel during 
   discovery and the pretrial process.