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Case TitleJarkesy v. Securities and Exchange Commission
DistrictSouthern District of Texas
CityGalveston
Case Number3:2022cv00405
Date Filed2022-11-23
Date ClosedOpen
JudgeJudge Jeffrey V Brown
PlaintiffGeorge Jarkesy, Jr.
Case DescriptionGeorge Jarkesy submitted a FOIA request to the Securities and Exchange Commission for records concerning a controlled deficiency that the SEC learned about in Fall 2021. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Jarkesy filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantSecurities and Exchange Commission
DefendantSECURITIES & EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-231COMPLAINT against SECURITIES & EXCHANGE COMMISSION (Filing fee $ 402 receipt number ATXSDC-29110780) filed by GEORGE JARKESY, JR. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to AG, US Attorney, and Defendant, # 3 Notice Regarding Proposed Summonses, # 4 Exhibit A (FOIA Request), # 5 Exhibit B (FOIA Response))(Hardin, Matthew) (Entered: 11/23/2022)
2022-11-282Summons Issued as to Securities and Exchange Commission, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(VanesaAranda, 3) (Entered: 11/28/2022)
2022-11-283ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/8/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(VanesaAranda, 3) (Entered: 11/28/2022)
2022-12-234NOTICE of Appearance by Mary Alexandra Verdi on behalf of Securities and Exchange Commission, filed. (Verdi, Mary) (Entered: 12/23/2022)
2022-12-235NOTICE of Appearance by Mary Alexandra Verdi on behalf of Securities and Exchange Commission, filed. (Verdi, Mary) (Entered: 12/23/2022)
2022-12-236ANSWER to 1 Complaint, by Securities and Exchange Commission, filed.(Verdi, Mary) (Entered: 12/23/2022)
2022-12-277CLERKS NOTICE OF CANCELLATION Initial Conference set for 3/8/2023 at 09:00 AM is CANCELED. Parties notified, filed. (rcastro, 3) (Entered: 12/27/2022)
2022-12-278ORDER OF RECUSAL. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 12/27/2022)
2022-12-289SCHEDULING ORDER. Amended Pleadings due by 1/11/2023. Joinder of Parties due by 1/11/2023 Pltf Expert Report due by 3/13/2023. Deft Expert Report due by 4/13/2023. Discovery due by 6/13/2023. Dispositive Motion Filing due by 6/21/2023. Non-Dispositive Motion Filing due by 8/14/2023. Joint Pretrial Order due by 10/6/2023. Docket Call set for 10/13/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 12/28/2022)
2023-06-0610MOTION to Modify Docket-Control Order as to 9 Scheduling Order,, by Securities and Exchange Commission, filed. Motion Docket Date 6/27/2023. (Verdi, Mary) (Entered: 06/06/2023)
2023-06-1211RESPONSE in Opposition to 10 MOTION to Modify Docket-Control Order as to 9 Scheduling Order,,, filed by George Jarkesy, Jr. (Hardin, Matthew) (Entered: 06/12/2023)
2023-06-1612REPLY in Support of 10 MOTION to Modify Docket-Control Order as to 9 Scheduling Order,,, filed by Securities and Exchange Commission. (Verdi, Mary) (Entered: 06/16/2023)
2023-06-2113MOTION for Summary Judgment by George Jarkesy, Jr, filed. Motion Docket Date 7/12/2023. (Attachments: # 1 Exhibit)(Cook, Karen) (Entered: 06/21/2023)
2023-06-2314ORDER granting 10 Motion to Modify Docket Control Order. Parties to schedule a settlement conference before Magistrate Judge Sam Sheldon.(Signed by Judge Jeffrey V Brown) Parties notified.(CynthiaBenavides, 3) (Entered: 06/23/2023)
2023-06-2815MOTION for Clarification as to 14 Order on Motion to Modify by Securities and Exchange Commission, filed. Motion Docket Date 7/19/2023. (Verdi, Mary) (Entered: 06/28/2023)
2023-06-2916ORDER granting 15 Motion for Clarification.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 06/29/2023)
2023-07-0417NOTICE of Setting. Parties notified. Settlement Conference set for 8/22/2023 at 01:00 PM before Magistrate Judge Sam S Sheldon, filed. (ShannonJones, 4) (Entered: 07/04/2023)
2023-08-2318MINUTE ENTRY ORDER: The Court conducted a Settlement Conference on Aug. 22, 2023. The Court will conduct a second Settlement Conference by Zoom at 4:15 p.m. on August 28, 2023. Appearances: Matthew Daniel Hardin, Michael McColloch, Karen Cook, Mary Alexandra Verdi, Melinda Hardy. Ct Reporter: not needed. (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(ShannonJones, 4) Modified on 8/24/2023 (ShannonJones, 4). (Entered: 08/23/2023)
2023-08-2919MINUTE ENTRY ORDER: The Court conducted multiple settlement conferences regarding the dispute set forth in Plaintiff's motion for summary judgement (Dkt. No. 13). The parties have resolved this dispute and Plaintiff will withdraw, without opposition and prejudice, his motion. The parties have agreed on a timeline for Defendant to produce redacted documents. Defendant will then file a motion for summary judgment on December 1, 2023. After briefing is completed on Defendant's motion for summary judgment the parties will attend a settlement conference before Magistrate Judge Peter Bray. The parties will submit a proposed Joint Order setting forth their agreement by September 1, 2023. Appearances: Matthew Daniel Hardin, S Michael McColloch, Karen Lundskow Cook, Mary Alexandra Verdi. Ct Reporter: ERO. (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(ShannonJones, 4) Modified on 8/29/2023 (ShannonJones, 4). (Entered: 08/29/2023)
2023-09-0120Joint PROPOSED ORDER re: 19 Minute Entry Order,,,, filed.(Verdi, Mary) (Entered: 09/01/2023)
2023-09-0521ORDER granting 20 Proposed Order (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 09/05/2023)
2023-10-09Docket call passed. (GeorgeCardenas, 3) (Entered: 10/09/2023)
2023-11-1622Unopposed MOTION for Leave to File Excess Pages by Securities and Exchange Commission, filed. Motion Docket Date 12/7/2023. (Verdi, Mary) (Entered: 11/16/2023)
2023-11-2023ORDER granting 22 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 11/20/2023)
2023-12-0124MOTION for Summary Judgment by Securities and Exchange Commission, filed. Motion Docket Date 12/22/2023. (Attachments: # 1 Statement of Material Facts, # 2 Affidavit of Elizabeth McFadden, # 3 Affidavit of Adrienne Santos, # 4 Affidavit Kathleen Koppenhoefer, # 5 Affidavit of Mark Tallarico, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Proposed Order, # 14 Affidavit of Service)(Verdi, Mary) (Entered: 12/01/2023)
2023-12-2925RESPONSE in Opposition to 24 MOTION for Summary Judgment , filed by George Jarkesy, Jr. (Attachments: # 1 Supplement Response to Statement of Material Facts, # 2 Exhibit Declaration of Matthew Hardin, # 3 Exhibit A (identification of exemplars), # 4 Exhibit B (challenged redactions))(Hardin, Matthew) (Entered: 12/29/2023)
2024-01-1226Second MOTION for Leave to File Excess Pages by Securities and Exchange Commission, filed. Motion Docket Date 2/2/2024. (Verdi, Mary) (Entered: 01/12/2024)
2024-01-1827ORDER granting 26 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 01/18/2024)
2024-01-1928REPLY in Support of 24 MOTION for Summary Judgment , filed by Securities and Exchange Commission. (Attachments: # 1 Affidavit of Melinda Hardy, # 2 Affidavit of Katherine H. Reilly, # 3 Affidavit of Service)(Verdi, Mary) (Entered: 01/19/2024)
2024-04-1729ORDER SETTING MEDIAATION. Mediation Statement due 6/14/2024. Settlement Conference set for 6/20/2024 at 01:00 PM in by video before Magistrate Judge Peter Bray. Telephone Conference set for 6/18/2024 at 04:00 PM by video before Magistrate Judge Peter Bray(Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4) (Entered: 04/17/2024)
2024-06-1230NOTICE of Resetting. Parties notified. Telephone Conference set for 6/18/2024 at 03:30 PM by video before Magistrate Judge Peter Bray, filed. (jmm4) (Entered: 06/12/2024)
2024-06-20Minute Entry for proceedings held before Magistrate Judge Peter Bray. SETTLEMENT CONFERENCE held on 6/20/2024. Mediation to resume at 11:00 AM on 6/21/2024. Settlement Conference set for 6/21/2024 at 11:00 AM in by video before Magistrate Judge Peter Bray. Appearances: Matthew Daniel Hardin, Mary Alexandra Verdi.(ERO:No), filed. (mem4) (Entered: 06/20/2024)
2024-06-21Minute Entry for proceedings held before Magistrate Judge Peter Bray. SETTLEMENT CONFERENCE held on 6/21/2024. Settlement held. Partial agreement reached. Agreed order to be entered. Appearances: Matthew Daniel Hardin, S Michael McColloch, Mary Alexandra Verdi., filed. (jmm4) (Entered: 06/21/2024)
2024-06-2131Agreed Partial Settlement Order.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) (Entered: 06/21/2024)
2024-07-0132NOTICE of Supplemental Authority re: 24 MOTION for Summary Judgment by George Jarkesy, Jr, filed. (Attachments: # 1 Supplement Supreme Court Opinion) (Hardin, Matthew) (Entered: 07/01/2024)
2024-07-0333MEMORANDUM OPINION AND ORDER granting in part. 24 MOTION for Summary Judgment (Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) (Entered: 07/03/2024)
2024-07-2234NOTICE of Setting. Parties notified. Settlement Conference set for 8/23/2024 at 01:00 PM in Courtroom 703 before Magistrate Judge Peter Bray, filed. (jmm4) (Entered: 07/22/2024)
2024-08-23Minute Entry for proceedings held before Magistrate Judge Peter Bray. SETTLEMENT CONFERENCE held on 8/23/2024. The SEC shall search further for information as agreed during mediation. The SEC shall provide a supplemental FOIA response within 60 days. The parties shall notify the court when they are ready to reconvene. Appearances: Matthew Daniel Hardin, S Michael McColloch, Mary Alexandra Verdi.(ERO:No), filed. (jmm4) (Entered: 08/23/2024)
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