Securities & Exchange Commission v. Brewer
- Rearden
- 1:20-cv-06175
- U.S. District Court · Southern District of New York
- 2
In Securities & Exchange Commission v. Brewer, Judge Rearden ordered the SEC to fix filing defects before ruling on its partial-summary-judgment motion.
The Securities and Exchange Commission, which was required to correct its motion filing; the order also concerns the pending case against Jack Brewer.
What happened
In Securities & Exchange Commission v. Brewer, the court was preparing to decide the Securities and Exchange Commission’s motion for partial summary judgment against Jack Brewer.
The court identified filing problems in the SEC’s submission. The SEC attached exhibits to its notice of motion instead of including them with a supporting affidavit, omitted Exhibits 16, 27, and 54, and submitted the same document as both Exhibits 50 and 51.
Judge Rearden ordered the SEC to file a supplemental affidavit and re-file the exhibits by March 27, 2024. The order did not decide the SEC’s motion for partial summary judgment.
The detailed version
- Securities & Exchange Commission v. Brewer · No. 1:20-cv-06175
- Rearden
- Mar. 20, 2024
Background
The Securities and Exchange Commission asked the court for partial summary judgment, which is a decision on some part of a case without a trial when the relevant facts are not genuinely disputed. While preparing to rule on that motion, the court identified problems with the SEC’s filing.
Filing Problems
The SEC’s exhibits were attached to its notice of motion rather than to a supporting affidavit, even though the court’s local rule requires supporting affidavits and necessary exhibits in motions. The SEC also failed to attach Exhibits 16, 27, and 54, although its papers cited them. In addition, Exhibits 50 and 51 were described as separate items but contained the same document.
Order
Judge Rearden ordered the SEC to take two steps by Wednesday, March 27, 2024: file a supplemental affidavit supporting its motion in compliance with Local Civil Rule 7.1(a)(3), and re-file every exhibit referenced in that affidavit with a cover sheet identifying the exhibit number associated with it. The court did not rule on the merits of the SEC’s partial-summary-judgment motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.