From Casetext: Smarter Legal Research

Fox v. Securities and Exchange Commission

United States Court of Appeals, District of Columbia Circuit
Jul 14, 2008
275 F. App'x 1 (D.C. Cir. 2008)

Opinion

No. 07-1091.

March 26, 2008. Rehearing En Banc Denied July 14, 2008.

On Petition for Review of Orders of the Securities and Exchange Commission.

BEFORE: RANDOLPH, TATEL, and GARLAND, Circuit Judges.


JUDGMENT


This petition for review of orders of the Securities and Exchange Commission was considered on the briefs and appendix filed by the parties. It is

ORDERED AND ADJUDGED that the Securities and Exchange Commission order filed November 30, 2006, 2006 WL 3455114, dismissing petitioner's appeal, and its order filed March 13, 2007, denying his motion for reconsideration, be affirmed. Petitioner failed to exhaust his administrative remedies before the New York Stock Exchange, and as a result, the Commission properly dismissed his appeal from the Exchange. See NYSE Rule 476(e) (requiring that requests for review to the Exchange Board of Directors be made with 25 days after notice of a Hearing Panel's decision). The Hearing Panel's determination was served in compliance with Exchange rules and was not constitutionally deficient, because it was reasonably calculated to apprise petitioner of his rights. See Jones v. Flowers, 547 U.S. 220, 226, 126 S.Ct. 1708, 164 L.Ed.2d 415 (2006); NYSE Rule 476(d). Petitioner has also not shown that service of the Hearing Panel's decision by mail violated his equal protection rights, see Noble v. U.S. Parole Comm'n, 194 F.3d 152, 154 (D.C. Cir. 1999), or that the Commission's conclusion that the Hearing Panel's decision was properly served by mail was otherwise arbitrary, capricious, an abuse of discretion, or contrary to law, see PMD Produce Brokerage Corp. v. U.S. Dep't of Agriculture, 234 F.3d 48, 51 (D.C. Cir. 2000).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.


Summaries of

Fox v. Securities and Exchange Commission

United States Court of Appeals, District of Columbia Circuit
Jul 14, 2008
275 F. App'x 1 (D.C. Cir. 2008)
Case details for

Fox v. Securities and Exchange Commission

Case Details

Full title:Calvin David FOX, Petitioner v. SECURITIES AND EXCHANGE COMMISSION…

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Jul 14, 2008

Citations

275 F. App'x 1 (D.C. Cir. 2008)

Citing Cases

Heath v. S.E.C

Petitioner argues, however, that the bad faith standard articulated in Buchman has been applied outside the…