Opinion
1:23-cv-7779-MKV
02-05-2024
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JEREMY KOSKI, Defendant.
ORDER
MARY KAY VYSKOCIL, United States District Judge:
On February 2, 2024 at 11:30 AM EST, the Court conducted a remote Initial Pretrial Conference in this matter. [See ECF No. 12]. Despite several Court Orders filed on ECF advising Defendant of the Conference [see ECF Nos. 12, 15], and separate communication by Plaintiff notifying Defendant of the same [see ECF Nos. 13, 15], Defendant did not appear at the Conference.
The following issues were on the agenda and discussed at the Conference:
1. The Court is prepared to work with Defendant to obtain counsel, but the Court cannot appoint counsel in a civil case. Defendant is DIRECTED to provide information regarding his financial ability to obtain counsel by completing and filing the attached Application for the Court to Request Pro Bono Counsel and Application to Proceed Without Prepaying Fees or Costs, or otherwise advise the Court if he has retained or intends to retain counsel, by February 20, 2024. Defendant is FURTHER DIRECTED to sign up for ECF notifications so that he is aware of Court orders and filings in this case.
2. Although venue is proper in the Southern District of New York, the Court raised sua sponte the issue of whether this case might more appropriately be brought
in the District of Hawaii, where Defendant resides, or another District. It is HEREBY ORDERED that on or before February 20, 2024, the parties shall submit letter briefs, not to exceed four pages each, addressing whether the Court should transfer this case under the doctrine of forum non conveniens and pursuant to 28 U.S.C. § 1404(a). See Tasciotti v. Trew, No. 20 CV 6661 (NSR), 2021 WL 2456910, at *2 (S.D.N.Y. June 16, 2021) (“Even if venue is proper, a district court may sua sponte transfer an action in the interest of justice and for the convenience of the parties and witnesses to any other district where it might have been brought.”); MRP, LLC v. Barr & Barr, Inc., No. 11 CIV. 0896 (DAB), 2011 WL 13266913, at *1 (S.D.N.Y. Mar. 7, 2011) (“[C]ourts may sua sponte transfer cases for forum non conveniens under 28 U.S.C. § 1404(a) where the interests of justice would be best served by doing so.” (internal quotation marks omitted)).
3. The Court has separately entered the Case Management Plan and Scheduling Order (as annotated) [ECF No. 16] and an Order of Reference to the Court's Mediation Program [ECF No. 18], both of which the Court understands were discussed and shared in draft form with Defendant prior to the Initial Pretrial Conference, without any response or comments from Defendant.
4. As noted in the Case Management Plan and Scheduling Order [ECF No. 16], the Court DIRECTED Plaintiff to share with Defendant all discovery obtained from third parties, without any need for Defendant to request such materials.
5. The Court has scheduled a further remote Initial Pretrial Conference for February 27, 2024 at 4:00 PM EST. The Conference will be held via
Microsoft Teams. The parties shall dial (646) 453-4442 and use Conference ID 349 519 653#. [See ECF Nos. 16, 17].
Plaintiff is DIRECTED to serve a copy of this Order upon Defendant by e-mail. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Defendant at the address of record.
SO ORDERED.