COLIN PAUL SUTHERLAND v. SECURITIES AND EXCHANGE COMMISSION, et al.
- Laura Swain
- 1:25-cv-09233
- U.S. District Court · Southern District of New York
- 2
In Sutherland v. Securities and Exchange Commission, Chief Judge Swain ordered a service address or email consent, warning she would dismiss the action without prejudice.
Colin Paul Sutherland, who is representing himself, must provide a mailing address or consent to electronic service to continue the action; the Securities and Exchange Commission and the other named defendants are also parties to the action.
What happened
In Colin Paul Sutherland v. Securities and Exchange Commission, et al., the court addressed a filing problem, not the substance of Sutherland’s claims. Sutherland submitted his complaint by email but did not provide an address for service or written consent to receive documents electronically.
The court ordered Sutherland to provide a mailing address or consent to electronic service within 30 days, or request more time. The court warned that it would dismiss the action without prejudice if he did not comply.
Chief Judge Laura Taylor Swain also directed the Clerk to email the order to Sutherland and ruled that an appeal would not be in good faith, denying permission to proceed without paying appeal fees.
The detailed version
- COLIN PAUL SUTHERLAND v. SECURITIES AND EXCHANGE COMMISSION, et al. · No. 1:25-cv-09233
- Laura Swain
- Dec. 1, 2025
Background
Colin Paul Sutherland is representing himself. He submitted his complaint to the Southern District of New York by email on November 3, 2025. The complaint did not include an address of record for service. Although Sutherland provided an email address, he did not provide written consent to receive court documents electronically.
Court’s analysis
Federal Rule of Civil Procedure 11(a) requires a pleading to include the signer’s address. The court therefore required Sutherland to identify an address where documents could be served by either providing a mailing address or consenting to electronic service using the attached form.
Ruling and consequences
Chief United States District Judge Laura Taylor Swain directed Sutherland to provide a mailing address or consent to electronic service within 30 days of the order’s date. The court stated that if Sutherland did not comply or request an extension, it would dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with the order.
The court directed the Clerk to email the order to Sutherland at the email address provided in the opinion and made the order available on the court’s electronic docket. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying the required fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.