Case: Chicago Mercantile Exchange Inc. v. Selig

1:26-cv-02157 | U.S. District Court for the District of District of Columbia

Filed Date: June 18, 2026

Case Ongoing

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Case Summary

On June 18, 2026, Chicago Mercantile Exchange Inc. (CME) sued the Commodity Futures Trading Commission (CFTC) in the U.S. District Court for the District of Columbia, challenging a May 29, 2026 CFTC order classifying Bitcoin perpetual contracts as futures rather than swaps. CME alleged that the order unlawfully reinterpreted the Commodity Exchange Act and Dodd-Frank by treating perpetual contracts as futures instead of swaps, that it reversed the agency's longstanding position without adequate explanation, and that it adopted the new policy without notice-and-comment rulemaking. CME claimed the order gave competing exchanges an unfair competitive advantage by allowing them to offer Bitcoin perpetual contracts under the futures regulatory framework. Invoking the Administrative Procedure Act (APA), CME sought declaratory and injunctive relief vacating the order and preventing its implementation. The court assigned the case to District Judge Colleen Kollar-Kotelly on June 18, 2026.

As of July 2026, this case is ongoing and no substantive rulings have been issued.

Summary Authors

Benjamin Glicksman (7/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73500937/parties/chicago-mercantile-exchange-inc-v-selig/

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorney for Plaintiff

Deutsch, Elizabeth B. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Warnke, Anne Sommer (District of Columbia)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorney for Plaintiff

Deutsch, Elizabeth B. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Warnke, Anne Sommer (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-02157	Complaint	June 18, 2026	June 18, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73500937/chicago-mercantile-exchange-inc-v-selig/

Last updated Aug. 29, 2026, 3:10 a.m.

Docket for: CHICAGO MERCANTILE EXCHANGE INC. v. SELIG

ECF Number	Date	Description	Link
1	June 18, 2026	COMPLAINT against COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG ( Filing fee $ 405 receipt number ADCDC-12495252) filed by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Civil Cover Sheet)(Gershengorn, Ian) (Entered: 06/18/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Summons View on RECAP 8 Summons View on RECAP 9 Summons View on RECAP 10 Summons View on RECAP 11 Civil Cover Sheet View on RECAP	Clearinghouse
2	June 18, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHICAGO MERCANTILE EXCHANGE INC. (Gershengorn, Ian) (Entered: 06/18/2026)	RECAP
3	June 18, 2026	NOTICE of Appearance by Elizabeth B. Deutsch on behalf of CHICAGO MERCANTILE EXCHANGE INC. (Deutsch, Elizabeth) (Entered: 06/18/2026)	RECAP
4	June 18, 2026	NOTICE of Appearance by Anne Sommer Warnke on behalf of CHICAGO MERCANTILE EXCHANGE INC. (Warnke, Anne) (Entered: 06/18/2026)	RECAP
5	June 18, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory M. Boyle, Filing fee $ 100, receipt number ADCDC-12495779. Fee Status: Fee Paid. by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Deutsch, Elizabeth) (Entered: 06/18/2026)	RECAP
6	June 18, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael F. Linden, Filing fee $ 100, receipt number ADCDC-12495825. Fee Status: Fee Paid. by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Deutsch, Elizabeth) (Entered: 06/18/2026)	RECAP
7	June 18, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elijah N. Gelman, Filing fee $ 100, receipt number ADCDC-12495840. Fee Status: Fee Paid. by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Deutsch, Elizabeth) (Entered: 06/18/2026)	RECAP
8	June 18, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Simon de Carvalho, Filing fee $ 100, receipt number ADCDC-12496590. Fee Status: Fee Paid. by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Deutsch, Elizabeth) (Entered: 06/18/2026)	RECAP
9	June 18, 2026	CIVIL COVER SHEET by CHICAGO MERCANTILE EXCHANGE INC. filed by CHICAGO MERCANTILE EXCHANGE INC..(Gershengorn, Ian) (Entered: 06/18/2026)	RECAP
10	June 18, 2026	SUMMONS (4) Issued Electronically as to COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/18/2026)	RECAP
	June 18, 2026	Notice of Error- New Case
	June 18, 2026	Case Assigned/Reassigned
	June 18, 2026	NOTICE OF NEW CASE ERROR The following error(s) need correction: Incorrect civil cover sheet. Please locate the Civil Cover Sheet (JS44) form at www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)
	June 18, 2026	Case Assigned to Judge Colleen Kollar-Kotelly. (zmtm)
11	June 22, 2026	ORDER ESTABLISHING PROCEDURESFOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 6/22/2026. (lcckk3) (Entered: 06/22/2026)	RECAP
	June 22, 2026	MINUTE ORDER: The 5 Motion for Admission Pro Hac Vice filed on behalf of Attorney Gregory M. Boyle is GRANTED, CONTINGENT on Attorney Boyle filing a declaration certifying familiarity with the Local Rules of this Court on or before July 2, 2026. Counsel shall promptly register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 6/22/2026. (lcckk3)
	June 22, 2026	MINUTE ORDER: The 6 Motion for Admission Pro Hac Vice filed on behalf of Attorney Michael F. Linden is GRANTED, CONTINGENT on Attorney Linden filing a declaration certifying familiarity with the Local Rules of this Court on or before July 2, 2026. Counsel shall promptly register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 6/22/2026. (lcckk3)
	June 22, 2026	MINUTE ORDER: The 7 Motion for Admission Pro Hac Vice filed on behalf of Attorney Elijah N. Gelman is GRANTED, CONTINGENT on Attorney Gelman filing a declaration certifying familiarity with the Local Rules of this Court on or before July 2, 2026. Counsel shall promptly register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 6/22/2026. (lcckk3)
	June 22, 2026	MINUTE ORDER: The 8 Motion for Admission Pro Hac Vice filed on behalf of Attorney Simon de Carvalho is GRANTED, CONTINGENT on Attorney de Carvalho filing a declaration certifying familiarity with the Local Rules of this Court on or before July 2, 2026. Counsel shall promptly register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 6/22/2026. (lcckk3)
12	July 2, 2026	NOTICE of Appearance by Aitan D. Goelman on behalf of CHICAGO MERCANTILE EXCHANGE INC. (Goelman, Aitan)	RECAP
13	July 2, 2026	NOTICE of Appearance by Ivano Michael Ventresca on behalf of CHICAGO MERCANTILE EXCHANGE INC. (Ventresca, Ivano)	RECAP
14	July 2, 2026	MOTION to Withdraw as Attorney for Plaintiff by Jenner & Block Attorneys by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: (1) Text of Proposed Order)(Gershengorn, Ian) 1 Text of Proposed Order View on PACER	RECAP
15	July 6, 2026	NOTICE of Appearance by Andrew Joseph Weisberg on behalf of COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG (Weisberg, Andrew)	RECAP
16	July 7, 2026	NOTICE of Appearance by Henry Dickman on behalf of All Defendants (Dickman, Henry)	RECAP
	July 7, 2026	MINUTE ORDER granting 14 Motion to Withdraw as Attorney. Attorneys Anne Sommer Warnke, Elizabeth B. Deutsch, Ian Heath Gershengorn, Gregory M. Boyle, Michael F. Linden, Elijah N. Gelman, and Simon de Carvalho terminated. Signed by Judge Colleen Kollar-Kotelly on 7/2/2026. (lcckk3)
17	July 10, 2026	NOTICE of Appearance by Carlin Metzger on behalf of COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG (Metzger, Carlin)	RECAP
18	July 28, 2026	NOTICE of Appearance by Brian Beaton, Jr on behalf of CHICAGO MERCANTILE EXCHANGE INC. (Beaton, Brian)	RECAP
19	July 28, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHICAGO MERCANTILE EXCHANGE INC. served on 6/23/2026 (Beaton, Brian)	RECAP
20	July 28, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COMMODITY FUTURES TRADING COMMISSION served on 6/23/2026 (Beaton, Brian)	RECAP
21	July 28, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL S. SELIG served on 6/23/2026 (Beaton, Brian)	RECAP
22	July 28, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/24/26. (Beaton, Brian)	RECAP
23	July 28, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2026. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2026. (Beaton, Brian)	RECAP
24	Aug. 12, 2026	First MOTION for Extension of Time to Respond to Complaint by COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG. (Attachments: (1) Text of Proposed Order)(Dickman, Henry) 1 Text of Proposed Order View on PACER	RECAP
25	Aug. 12, 2026	MOTION to Excuse Defendants' Compliance with Local Civil Rule 7(n) by COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG. (Attachments: (1) Text of Proposed Order)(Dickman, Henry) 1 Text of Proposed Order View on PACER	RECAP
26	Aug. 13, 2026	NOTICE of Appearance by Martin Jordan Minot on behalf of All Defendants (Minot, Martin)	RECAP
	Aug. 13, 2026	MINUTE ORDER: For good cause shown and upon consent of Plaintiff, it is hereby ORDERED that Defendants' 24 Motion for Extension of Time is GRANTED. Defendants must respond to the Complaint by no later than September 2, 2026; Plaintiff must oppose Defendants' forthcoming motion to dismiss by no later than October 2, 2026. Signed by Judge Colleen Kollar-Kotelly on 8/13/2026. (lcckk3)
	Aug. 13, 2026	MINUTE ORDER: The Court is in receipt of Defendants' 25 Motion to Excuse Defendants' Compliance with Local Civil Rule 7(n), in which Defendants note Plaintiff's opposition to the requested relief. It is hereby ORDERED that Plaintiff shall respond to Defendants' 25 Motion by no later than August 21, 2026; Defendants shall reply, if at all, by no later than August 26, 2026. Signed by Judge Colleen Kollar-Kotelly on 8/13/2026. (lcckk3)
	Aug. 13, 2026	.Order
	Aug. 13, 2026	Set/Reset Deadlines
27	Aug. 21, 2026	Memorandum in opposition to re [25] MOTION to Excuse Defendants' Compliance with Local Civil Rule 7(n) filed by CHICAGO MERCANTILE EXCHANGE INC.. (Attachments: (1) Text of Proposed Order, (2) Exhibit A, (3) Exhibit B, (4) Exhibit C)(Goelman, Aitan) 1 Text of Proposed Order View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP	RECAP
28	Aug. 26, 2026	REPLY to opposition to motion re [25] Motion for Miscellaneous Relief to Excuse Defendants' Compliance with Local Civil Rule 7(n) filed by COMMODITY FUTURES TRADING COMMISSION, MICHAEL S. SELIG. (Dickman, Henry)	RECAP
29	Aug. 27, 2026	ORDER denying [25] Motion to Excuse Compliance with Rule 7(n). Signed by Judge Colleen Kollar-Kotelly on 8/27/2026. (lcckk3)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 18, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Chicago-based operator of a federally regulated futures exchange

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Commodity Futures Trading Commission

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-02157

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Classification / placement

Currency

Other

Recommended Citation

Case Summary of Chicago Mercantile Exchange Inc. v. Selig, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48306/ (last updated 7/22/2026).