| Date Filed | # | Docket Text |
| November 7, 2008 | 1 | COMPLAINT against Board of Governors of the Federal Reserve System. (Filing Fee $ 350.00, Receipt Number 668300)Document filed by Bloomberg L.P.(ama) (Entered: November 13, 2008) |
| November 7, 2008 |
| SUMMONS ISSUED as to Board of Governors of the Federal Reserve System, U.S. Attorney and U.S. Attorney General. (ama) (Entered: November 13, 2008) |
| November 7, 2008 |
| Magistrate Judge Ronald L. Ellis is so designated. (ama) (Entered: November 13, 2008) |
| November 7, 2008 |
| Case Designated ECF. (ama) (Entered: November 13, 2008) |
| November 7, 2008 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bloomberg L.P.(ama) (Entered: November 13, 2008) |
| November 24, 2008 | 3 | AFFIDAVIT OF SERVICE of Summons and Complaint. Board of Governors of the Federal Reserve System served on 11/7/2008, answer due 12/1/2008. Service was accepted by Aretha Charles, Civil Clerk with the United States Attorney's Office. Document filed by Bloomberg L.P.. (Golden, Thomas) (Entered: November 24, 2008) |
| November 25, 2008 | 4 | AMENDED AND SUPPLEMENTAL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF amending 1 Complaint against Board of Governors of the Federal Reserve System. Document filed by Bloomberg L.P. Related document: 1 Complaint filed by Bloomberg L.P. (dle) (dle). (Entered: November 26, 2008) |
| December 10, 2008 | 5 | ANSWER to Amended Complaint. Document filed by Board of Governors of the Federal Reserve System.(Mizusawa, Yvonne) (Entered: December 10, 2008) |
| December 23, 2008 | 6 | INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/22/2009 at 02:00 PM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 12/22/08) (mme) (Entered: December 24, 2008) |
| January 23, 2009 | 7 | ENDORSED LETTER addressed to Judge Loretta A. Preska from Thomas H. Golden dated 1/21/2009 re: The parties suggest that the Board file a motion for summary judgment by March 4, 2009 and Bloomberg News would file its response to the Board's motion by April 15, 2009, and the Board would file its reply by May 1, 2009. ENDORSEMENT: The parties may proceed as set out above. So Ordered. (Signed by Judge Loretta A. Preska on 1/22/2009) (jpo) Modified on 2/8/2009 (jpo). (Entered: January 23, 2009) |
| February 26, 2009 | 8 | STIPULATION AND ORDER: IT IS HEREBY ORDERED AND AGREED by and between the undersigned counsel for the parties in the above captioned action that: 1. The defendant Board of Governors of the Federal Reserve System ("Board") shall be permitted to file and initial brief in support of its Motion for Summary Judgment in excess of the Court's 20-page limit. The Board's initial brief will not exceed 55 pages. 2. The plaintiff Bloomberg L.P. shall be permitted to file a brief in Opposition to the Board's Motion for Summary Judgment in excess of the Court's 20-page limit. The plaintiff's Opposition brief will not exceed 55 pages. 3. The Board may file a Reply to the Plaintiff's Opposition in excess of the Court's 10-page limit. The Board's Reply shall not exceed 25 pages. Counsel is reminded that text and footnotes shall be in 12-point type with normal margins. SO ORDERED (Signed by Judge Loretta A. Preska on 2/25/2009) (rw) (Entered: February 27, 2009) |
| March 4, 2009 | 9 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment, # 2 Defendant's Statement of Material Facts Not in Dispute, # 3 Declaration of Susan E. McLaughlin, # 4 Declaration of Alison M. Thro, # 5 Declaration of Brian F. Madigan, # 6 Declaration of Lorie K. Logan, # 7 Declaration of Helen E. Mucciolo)(Mizusawa, Yvonne) Modified on 3/5/2009 (db). (Entered: March 4, 2009) |
| March 4, 2009 |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Yvonne Facchina Mizusawa to RE-FILE Document 9 MOTION for Summary Judgment. ERROR(S): Supporting Document must be filed separately (i.e. The Memorandum in Support and 5 Declarations in Support of Motion to be filed individually; use the corresponding events found under Replies, Opposition and Supporting Documents; the Rule 56.1 Statement of Facts can be found under the event Other Answers). ***REMINDER*** - First Re-File the Motion, then file and link any supporting documents. (db) (Entered: 03/05/2009) |
| March 5, 2009 | 10 | MOTION for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System.(Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 11 | MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 12 | DECLARATION of Alison M. Thro in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 13 | DECLARATION of Brian F. Madigan in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 14 | DECLARATION of Susan E. McLaughlin in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 15 | DECLARATION of Lorie K. Logan in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 16 | DECLARATION of Helen E. Mucciolo in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| March 5, 2009 | 17 | RULE 56.1 STATEMENT. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: March 5, 2009) |
| April 15, 2009 | 18 | MOTION for Summary Judgment Bloomberg, L.P.'s Notice of Cross-Motion for Summary Judgment. Document filed by Bloomberg L.P..(Rose, Scott) (Entered: April 15, 2009) |
| April 15, 2009 | 19 | MEMORANDUM OF LAW in Opposition re: 10 MOTION for Summary Judgment. and in Support of Plaintiff's Cross-Motion for Summary Judgment. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: April 15, 2009) |
| April 15, 2009 | 20 | DECLARATION of Scott S. Rose in Opposition re: 10 MOTION for Summary Judgment.. Document filed by Bloomberg L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14.1, # 15 Exhibit 14.2, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52)(Rose, Scott) (Entered: April 15, 2009) |
| April 15, 2009 | 21 | DECLARATION of Charles J. Glasser, Jr. in Opposition re: 10 MOTION for Summary Judgment.. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: April 15, 2009) |
| April 15, 2009 | 22 | DECLARATION of Sharon Brown-Hruska in Opposition re: 10 MOTION for Summary Judgment.. Document filed by Bloomberg L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rose, Scott) (Entered: April 15, 2009) |
| April 15, 2009 | 23 | RULE 56.1 STATEMENT. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: April 15, 2009) |
| April 15, 2009 | 24 | RESPONSE re: 17 Rule 56.1 Statement /Plaintiff's Response to Defendant's Statement of Material Facts Not In Dispute. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: April 15, 2009) |
| May 1, 2009 | 25 | COUNTER STATEMENT TO 23 Rule 56.1 Statement. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: May 1, 2009) |
| May 1, 2009 | 26 | REPLY MEMORANDUM OF LAW in Opposition re: 18 MOTION for Summary Judgment /Defendant Bloomberg, L.P.'s Notice of Cross-Motion for Summary Judgment. Defendant Board of Governors of the Federal Reserve System's Reply and Opposition to Plaintiff's Cross Motion for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Exhibit 1 - Suppl. Thro Decl.)(Mizusawa, Yvonne) (Entered: May 1, 2009) |
| May 8, 2009 | 27 | REPLY MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment /Defendant Bloomberg, L.P.'s Notice of Cross-Motion for Summary Judgment.. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: May 8, 2009) |
| July 21, 2009 | 28 | ORDER The Plaintiff and Defendant are directed to submit additional briefing on the issue of whether the Federal Reserve Bank of New York is an agency under FOIA. (Compare Plaintiff Bloomberg L.P.'s Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and in Support of its Cross-Motion for Summary Judgment at 17-19, with Defendant Board of Governors of the Federal Reserve System's Reply and Opposition to Plaintiff's Cross Motion for Summary Judgment at 9-10.) Defendant shall electronically file a Supplemental Memorandum of Law on or before close of business Thursday, July 23, 2009, and distribute courtesy copies to the Court and Plaintiff. Plaintiff shall electronically file a Supplemental Memorandum of Law on or before close of business Tuesday, July 28, 2009, and distribute courtesy copies to the Court and Defendant. Supplemental Memoranda of Law shall be no longer than five pages. (Signed by Judge Loretta A. Preska on 7/20/09) (djc) Modified on 7/24/2009 (djc). (Entered: July 21, 2009) |
| July 23, 2009 | 29 | RESPONSE in Support re: 10 MOTION for Summary Judgment. Supplemental Brief. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: July 23, 2009) |
| July 28, 2009 | 30 | SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment /Defendant Bloomberg, L.P.'s Notice of Cross-Motion for Summary Judgment. /Plaintiff Bloomberg L.P.'s Supplemental Memorandum of Law Concerning the "Agency" Status of the Federal Reserve Bank of New York. Document filed by Bloomberg L.P.. (Golden, Thomas) (Entered: July 28, 2009) |
| August 24, 2009 | 31 | OPINION AND ORDER:#97945 For the reasons set forth herein, the Board's Motion for Summary Judgment [dkt. no. 10] is DENIED, and Bloomberg's Motion for Summary Judgment [dkt. no. 18] is GRANTED. Specifically, The Board shall produce forthwith the Remaining Term Reports within five business days of the date hereof; The Board shall search forthwith records at the FRBNY that constitute "Records of the Board" within the meaning of 12 C.F.R. § 261.2 (i) (1); and The parties shall confer following their review of the results of the search and inform the Court by letter no later than September 14, 2009 how they propose to proceed. (Signed by Judge Loretta A. Preska on 8/24/2009) (jpo) Modified on 8/25/2009 (eef). (Entered: August 24, 2009) |
| August 24, 2009 |
| Transmission to Judgments and Orders Clerk. Transmitted re: 31 Opinion & Order, Set Deadlines/Hearings, to the Judgments and Orders Clerk. (jpo) (Entered: August 24, 2009) |
| August 26, 2009 | 32 | CLERK'S JUDGMENT in favor of Board of Governors of the Federal Reserve System against Bloomberg L.P. that pltff's motion for summary judgment is granted, defendant's motion is denied. (Signed by J. Michael McMahon, Clerk on 8/26/09) (jf) (Additional attachment(s) added on 8/27/2009: # 1 notice of right to appeal) (jf). (Entered: August 27, 2009) |
| August 27, 2009 |
| Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 8/27/2009. (mro) (Entered: September 1, 2009) |
| August 28, 2009 | 33 | STIPULATION AND ORDER STAYING ORDER OF AUGUST 24, 2009: The parties agree as follows: Accompanied by an emergency stay application, the Board shall file its notice of appeal within three business days after it is authorized to do so, but in no event later than September 30, 2009, based on the Board's undertaking to obtain a decision on authorization no later than September 25, 2009, authorization to pursue an appeal or otherwise decides not to pursue an appeal. The Board will not oppose a motion filed by Bloomberg under Rule 2 of the Federal Rules of Appellate Procedure for a suspension of the applicable rules for the purpose of expediting the Court of Appeals' decision. The Court's August 24th Order is hereby stayed pending the outcome of the emergency stay application in the Court of Appeals. At the time it files its notice of appeal and emergency stay application in the Court of Appeals, the Board shall seek expedited treatment of the appeal. (Signed by Judge Loretta A. Preska on 8/28/2009) (jpo) (Entered: August 28, 2009) |
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