NOTICE REGARDING FOOTNOTE NO. 4 OF PLAINTIFF SECURITIES 

AND EXCHANGE COMMISSION’S OPPOSITION TO 

DEFENDANT’S MOTION TO COMPEL

Plaintiff United States Securities and Exchange Commission hereby provides notice to 

the Court as follows: 

Magistrate Judge Louis set a hearing on Defendant’s Motion to Compel [Dkt. 47] for 

Monday, July 26, 2021, regarding the production of additional documents from the SEC’s

Division of Trading and Market’s Office of Interpretation and Guidance (the “Office”) relating 

to communications that the Office may have had with members of the public.

On July 21, 2021, after the SEC filed its July 9, 2021 memorandum of law and opposition 

(“Opposition”) [Dkt. 48] to Defendant’s motion to compel [Dkt.47], counsel for Defendant 

informed SEC counsel that Defendant had not received Exhibit 3 to the Opposition. Exhibit 3 

was a document that was responsive to one of the two search terms designated by the Court at 

the June 18, 2021 hearing and in an Order issued on June 22, 2021. SEC counsel believed the 

document had been produced on June 25, 2021, along with the rest of the documents that were 

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff,

v.

JUSTIN W. KEENER D/B/A JMJ FINANCIAL,

Defendant.

NO. 1:20-CV-21254-BLOOM/LOUIS

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

Case 1:20-cv-21254-BB Document 59 Entered on FLSD Docket 07/23/2021 Page 1 of 4
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responsive to the Court’s order regarding the two terms the Court had ordered the SEC to search. 

Upon receiving Defendant’s July 21 email, SEC counsel immediately investigated and found that 

because an administrative error, there were a total of eight documents that had not been produced

on June 25. 

Upon discovering the error, the SEC produced the eight documents less than an hour after 

being alerted by defense counsel that Defendant had not received Exhibit 3 before the SEC filed 

the Opposition. Apart from Exhibit 3, the newly produced documents consist primarily of emails 

from a third party whose first name is Apple (one of the search terms). These documents were 

deemed responsive because the third-party was asking basic questions about brokers and dealers 

(such as whether the Form BD is public and the extent to which the terms “broker” and “dealer”

have different meanings). These documents contain no material that is arguably relevant to 

either party’s claims or defenses, and their late production has not prejudiced Defendant. 

As explained above, counsel for Defendant did not have Exhibit 3 when it filed its motion 

to compel and claimed that “[i]n none of the [Office of Interpretation and Guidance] 

communications did the SEC ever tell market participants to read Big Apple . . . .” Def.’s Mot. 

Compel at 5. The SEC’s Opposition responded that this claim was “factually incorrect” and 

cited Exhibit 3 in footnote 4. See Opp. Mot. Compel at 8 & n. 4. The SEC’s response on this 

point was based upon its mistaken belief that counsel for Defendant had received all of the

Case 1:20-cv-21254-BB Document 59 Entered on FLSD Docket 07/23/2021 Page 2 of 4
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documents contained in Exhibit 3, but that was not in fact the case. The SEC has filed this notice 

to clarify the state of the record for the Court as it considers Defendant’s motion to compel. 

DATED: July 23, 2021 Respectfully submitted, 

By: 

 /s/ Antony Richard Petrilla

 Joshua E. Braunstein

Antony Richard Petrilla

Attorneys for Plaintiff

SECURITIES AND EXCHANGE COMMISSION

100 F Street NE 

Washington, DC 20549

Telephone: (202) 551-8470

Braunsteinj@sec.gov

Case 1:20-cv-21254-BB Document 59 Entered on FLSD Docket 07/23/2021 Page 3 of 4
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CERTIFICATE OF SERVICE

I hereby certify that on July 23, 2021, I filed Plaintiff Securities and Exchange Commission’s NOTICE 

REGARDING FOOTNOTE NO. 4 OF PLAINTIFF SECURITIES AND EXCHANGE 

COMMISSION’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL through the 

Court’s CM/ECF system, which automatically sends notices to counsel of record in this case. 

 /s/

 Antony Richard Petrilla

ATTORNEY FOR PLAINTIFF 

SECURITIES AND EXCHANGE COMMISSION 

Case 1:20-cv-21254-BB Document 59 Entered on FLSD Docket 07/23/2021 Page 4 of 4