Genovese v. Securities and Exchange Commission

Background

Nicholas J. Genovese is appearing without a lawyer and is serving a federal sentence on home confinement. He brought an action seeking an injunction against the Securities and Exchange Commission (SEC), alleging that the SEC is violating his federal constitutional rights. The court treated Genovese’s “Emergency Motion to Stay Administrative Proceedings,” motion for preliminary injunctive relief, and supporting affidavit as a single operative pleading.

Prior Fee Decision and Service

In an order dated April 2, 2025, the court granted Genovese permission to proceed without prepaying court fees. Because he was proceeding without prepayment of fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court also stated that the usual 90-day service period would run from the date the summons was issued, because Genovese could not serve the summons and pleading before the court reviewed the pleading and ordered the summons issued.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the SEC, mark the form for service on the United States, issue a summons, and provide the Marshals Service with this order and the other paperwork needed for service. Genovese remains responsible for ensuring that service occurs within 90 days after the summons is issued and for requesting an extension if necessary. He must also notify the court in writing if his address changes.

The court noted that the SEC’s reply memorandum in the underlying administrative proceeding did not appear to warrant immediate court intervention. Judge Jesse M. Furman therefore reserved judgment on Genovese’s motions until service is completed and the SEC appears. The order did not decide whether Genovese is entitled to a stay or preliminary injunction.