Commodity Futures Trading Commission v. Velissaris

Background

On March 27, 2025, the Commodity Futures Trading Commission filed a motion for summary judgment and notified James Robert Velissaris of the motion. Summary judgment asks the court to decide a case without a trial when the required materials show that there is no genuine dispute about a material fact and the moving party is entitled to judgment under the law.

Velissaris, who was proceeding without a lawyer, filed an opposition on April 25, 2025. The court described that opposition as untimely. The opposition also appeared to request more time to submit a full brief and documentation.

Order

The court exercised its discretion to consider the untimely opposition, citing the interest in resolving the issues on their merits and Velissaris’s status as a self-represented party. The court set the following schedule:

- Velissaris may file a corrected opposition of no more than 25 pages, or 8,750 words, by May 16, 2025. - The Commission may file a reply by May 30, 2025. - If Velissaris does not file an amended or corrected brief by May 16, the court will consider only the existing opposition, identified as ECF No. 52, when deciding the summary judgment motion.

The court reminded Velissaris to comply with Federal Rule of Civil Procedure 56.1 and Local Civil Rule 56.1, which concern how parties must present and support disputed facts in summary judgment briefing.

Stay and disposition

Because the parties had not reached a settlement or another resolution, the court lifted the stay previously imposed in the case. It directed the Clerk of Court to update the docket to show that the stay had been lifted, mail the order to Velissaris, and update the docket with his current address.

Judge Jessica G. L. Clarke did not grant or deny the Commission’s summary judgment motion in this order. The order addressed briefing and case administration, leaving the motion to be decided after the permitted briefing.