Securities and Exchange Commission v. Koski

Background

The court held a remote initial pretrial conference on February 2, 2024. Defendant Jeremy Koski did not appear, even though the court had filed orders notifying him of the conference and the Securities and Exchange Commission had separately notified him.

Counsel and Electronic Notices

The court stated that it was prepared to work with Koski to obtain counsel but could not appoint counsel in a civil case. It directed Koski to complete and file the provided applications for a request for pro bono counsel and to proceed without prepaying fees or costs, or otherwise tell the court whether he had retained or intended to retain counsel. The deadline was February 20, 2024. The court also directed Koski to sign up for electronic filing notifications.

Possible Transfer

The court stated that venue was proper in the Southern District of New York but raised whether the case might be more appropriately brought in the District of Hawaii, where the opinion says Koski resides, or another district. It ordered the parties to submit letter briefs of no more than four pages by February 20, 2024, addressing whether the court should transfer the case under the doctrine commonly called forum non conveniens and under 28 U.S.C. § 1404(a). The order did not decide whether to transfer the case.

Other Case Management Orders

The court noted that it had separately entered a case management and scheduling order and an order referring the matter to the court’s mediation program. The court understood that draft versions had been discussed with and shared with Koski before the initial pretrial conference, without a response or comments from him. Under the case management and scheduling order, the court directed the Commission to share with Koski all discovery obtained from third parties without requiring him to request those materials.

The court scheduled another remote initial pretrial conference for February 27, 2024, at 4:00 p.m. Eastern time. It directed the Commission to serve the order on Koski by email and requested that the clerk mail a copy to him at the address of record.

Disposition and Classification

This order sets deadlines, addresses counsel and notice issues, requests briefing on possible transfer, and manages discovery and scheduling. It does not grant or deny a motion, decide the transfer question, or resolve the underlying claims. Judge Mary Kay Vyskocil therefore entered a procedural order rather than a ruling on the merits.