Securities and Exchange Commission v. Genovese

Background

Nicholas J. Genovese, appearing without a lawyer and requesting permission to proceed without paying court fees, asked the court to stay—temporarily pause—an order dated September 22, 2020. That order allowed the Securities and Exchange Commission to file a motion for summary judgment. Genovese stated that he had filed a notice of appeal on October 2, 2020, and argued that the September 22 order exceeded the assigned magistrate judge’s authority and interfered with discovery.

Genovese also alleged that the order favored the Securities and Exchange Commission and violated his Fourteenth Amendment rights. The excerpt states that he reserved the right to seek the judge’s recusal, but it does not show that he filed or litigated a recusal motion in this ruling.

Court’s Ruling

The court denied Genovese’s application for a stay pending appeal. It held that the appealed order, identified as Docket No. 44, was a non-dispositive scheduling order within the scope of the magistrate judge’s assignment. Because the order was not appealable, the court concluded that no stay was warranted.

The court also stated that, despite two extensions, Genovese had failed to answer or otherwise respond to the complaint by the most recent deadline, October 9, 2020. It further stated that the entity defendants had never appeared or responded through licensed counsel, as required. The excerpt ends after saying that the Securities and Exchange Commission “may (but is not required to)” take an action, so the remaining text and any resulting disposition are not available here.

Disposition

The application for a stay pending appeal was denied. The opinion does not state that the underlying case was dismissed or that summary judgment was granted.