UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff/Petitioner,

 v.

JOSEPH J. FOX,

Defendant/Respondent.

 

Case No.: 1:20-cv-4372

Judge Thomas M. Durkin

Motion for Entry of a Final Judgment Against Respondent Joseph J. Fox

Plaintiff, the United States Securities and Exchange Commission (“SEC” or the 

“Commission”), moves this Court for Entry of a Final Judgment against Joseph J. Fox (“Fox” or 

“Respondent”) pursuant to Section 20(c) of the Securities Act of 1933 (“Securities Act”), and 

Section 21(e)(1) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 

78u(e)(1). Fox does not consent to the filing of this Motion. 

1. On July 27, 2020, the Commission filed an Application for an Order under 

Section 20(c) of the Securities Act and Section 21(e)(1) of the Exchange Act Enforcing 

Compliance with a Commission Order (“Application”). (ECF No. 1). The Application was 

served on Respondent on August 5, 2020. (ECF No. 6).

2. The Court set a status hearing in the matter to take place on August 12, 2020. 

(ECF No. 3). Although Fox did not appear, the Court provided him 21 days to respond to the 

Commission’s Application and continued the status hearing to September 11, 2020. (ECF No. 7). 

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3. Fox failed to file a response within 21 days; however, he appeared at the 

September 11 hearing.1 The Court entered a revised Order to Show Cause, which provided Fox 

until October 7, 2020, to file his response to the Application. (ECF Nos. 8, 9). The Commission 

emailed Fox copies of the Minute Entry and Revised Show Cause Order on September 14, 2020.

4. Again, Fox failed to file a response in accordance with the Court’s Order. Instead, 

Respondent emailed counsel for the Commission at 11:19 p.m. on October 7, 2020, well after the 

5:00 p.m. deadline provided by the Court, and advised that he was having computer issues that 

were preventing him from emailing his response in opposition to the Application. See Ex. 1, p. 2. 

Just hours later, Fox’s computer issues seemed to resolve themselves as Fox was able to draft 

and email his Motion for Additional Time to File Opposition Brief.

2

 (ECF No. 11). 

5. The Court granted Fox’s motion and allowed him until October 12, 2020, to file 

his response to the Commission’s Application. (ECF No. 12). Once again, Fox failed to timely 

file his response in accordance with the Court’s Order. Any document he files should be 

considered out of time, denied and/or struck from the docket.

6. It is clear that Fox does not take this proceeding or the Court’s resources 

seriously. As of today’s date, more than two months after service, Fox has failed to file any 

documents in this matter to present a defense or oppose the Application despite numerous 

opportunities. Accordingly, the Commission respectfully requests that the Court enter final 

judgment against him in the form of the proposed final judgment submitted in connection with

this Motion. 

 

1 Fox neither denied that he consented to the monetary amounts he was ordered to pay in 2015, nor did he deny 

failing to pay them. Furthermore, the time-period during which he could appeal the entry of the Order has expired, 

leaving no recourse to the debt he owes the Commission. Fox simply has no legitimate defense to the relief sought 

by the SEC. 

2 At no time did the Commission indicate that it could not respond to his Opposition in a timely fashion or that it 

consented to the Motion for Additional Time. See Ex. 1, p. 1. 

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WHEREFORE, the Commission respectfully requests that this Court grant the 

Application, enter a final judgment against the Respondent, and provide such other relief the 

Court deems appropriate.

Dated: October 13, 2020

Respectfully submitted,

s/CHRISTY J. WHITE

CHRISTY J. WHITE

Assistant Chief Litigation Counsel

United States Securities and Exchange Commission

100 F Street, NE, Mail Stop 5628

Washington, DC 20549-5628

WhiteChr@SEC.gov 

Telephone: 202.551.4502

Facsimile: 202.572.1372

Attorney for Plaintiff/Judgment Creditor

United States Securities and Exchange Commission

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CERTIFICATE OF SERVICE

I certify that on October 13, 2020, I electronically filed the foregoing with the Clerk of the

Court using the ECF system, which will send notification of such filing to all parties of record

and via email to Respondent at yofox35@gmail.com.

/s/Christy J. White

CHRISTY J. WHITE 

Assistant Chief Litigation Counsel

United States Securities and Exchange Commission

100 F Street, NE, Mail Stop 5628

Washington, DC 20549-5628

WhiteChr@SEC.gov 

Telephone: 202.551.4502

Facsimile: 202.572.1372

Attorney for Plaintiff/Judgment Creditor

United States Securities and Exchange Commission

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