United States District Court for the Southern = District of New York

U.S. District = Court
United States District Court for the Southern District of New = York=20 (Foley Square)
CIVIL DOCKET FOR CASE #:=20 1:08-cv-09595-LAP

Bloomberg L.P. v. Board of Governors of the Federal Reserve=20 System

Date Filed: =

Nov. 07,=20 2008

Status:

Closed

Nature of = suit:

895 Freedom of = Information=20 Act

Assigned = to:

1%201726001%20">Judge Loretta A. Preska=20

Cause:

05:552 Freedom of = Information=20 Act

Date = terminated:

Aug. 26,=20 2009

Jurisdiction:

U.S. Government=20 Defendant

Jury = demand:

None

Parties and Attorneys

Plaintiff
Bloomberg=20 L.P.

Attorneys and=20 Firms
Scott Sanford=20 Rose Willkie Farr & = Gallagher=20 LLP (NY) 787 Seventh=20 Avenue New York, NY 10019 (212) = 728-8000 Fax: (212)=20 728-8111 maosdny@willkie.com LEAD=20 ATTORNEY ATTORNEY TO BE = NOTICED=20
Thomas H=20 Golden Willkie Farr & = Gallagher=20 LLP (NY) 787 Seventh=20 Avenue New York, NY 10019 (212) = 728-8000 Fax: (212)=20 728-8111 maosdny@willkie.com ATTORNEY = TO BE=20 NOTICED LEAD ATTORNEY =
Jared Errol=20 Cohen Willkie Farr & = Gallagher=20 LLP (NY) 787 Seventh=20 Avenue New York, NY 10019 (212) = 728-8575 Fax: (212)=20 728-9575 jcohen@willkie.com ATTORNEY = TO BE=20 NOTICED

Defendant
Board of Governors of = the=20 Federal Reserve System

Attorneys and=20 Firms
Yvonne Facchina=20 Mizusawa Board of = Governors of The=20 Federal Reserve System [ Washington, DC = 20551=20 (202) 452-3436 Fax: (202)=20 736-5615 yvonne.f.mizusawa@frb.gov 20th and C=20 Sts., N.W. LEAD = ATTORNEY ATTORNEY TO BE NOTICED

Docket ProceedingsReverse = Proceedings

Req #	Filed	#	Docket Text
			MANUALLY-COLLECTED COMPLAINT
1	Nov. 07,=20 2008	1	COMPLAINT against Board of = Governors=20 of the Federal Reserve System. (Filing Fee $ 350.00, Receipt = Number=20 668300)Document filed by Bloomberg L.P.(ama) (Entered: = 11/13/2008)
">2	Nov. 07,=20 2008		SUMMONS ISSUED as to Board = of=20 Governors of the Federal Reserve System, U.S. Attorney and U.S. = Attorney=20 General. (ama) (Entered: 11/13/2008)
">3	Nov. 07,=20 2008		Magistrate Judge Ronald L. = Ellis is=20 so designated. (ama) (Entered: 11/13/2008)
">4	Nov. 07,=20 2008		Case Designated ECF. (ama) = (Entered:=20 11/13/2008)
">5	Nov. 07,=20 2008	2	RULE 7.1 CORPORATE = DISCLOSURE=20 STATEMENT. No Corporate Parent. Document filed by Bloomberg = L.P.(ama)=20 (Entered: 11/13/2008)
6	Nov. 24,=20 2008	3	AFFIDAVIT OF SERVICE of = Summons and=20 Complaint. Board of Governors of the Federal Reserve System served = on=20 11/7/2008, answer due 12/1/2008. Service was accepted by Aretha = Charles,=20 Civil Clerk with the United States Attorney's Office. Document = filed by=20 Bloomberg L.P.. (Golden, Thomas) (Entered: 11/24/2008)
7	Nov. 25,=20 2008	4	AMENDED AND SUPPLEMENTAL = COMPLAINT=20 FOR DECLARATORY AND INJUNCTIVE RELIEF amending 1 Complaint against = Board=20 of Governors of the Federal Reserve System. Document filed by = Bloomberg=20 L.P. Related document: 1 Complaint filed by Bloomberg L.P. (dle) = (dle).=20 (Entered: 11/26/2008)
8	Dec. 10,=20 2008	5	ANSWER to Amended Complaint. = Document=20 filed by Board of Governors of the Federal Reserve = System.(Mizusawa,=20 Yvonne) (Entered: 12/10/2008)
9	Dec. 23,=20 2008	6	INITIAL PRETRIAL CONFERENCE = ORDER:=20 Initial Conference set for 1/22/2009 at 02:00 PM in Courtroom 12A, = 500=20 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. = (Signed=20 by Judge Loretta A. Preska on 12/22/08)=20 (mme) (Entered: 12/24/2008)
10	Jan. 23,=20 2009	7	ENDORSED LETTER addressed to = Judge=20 Loretta A. Preska from Thomas H. Golden dated 1/21/2009 re: The = parties=20 suggest that the Board file a motion for summary judgment by March = 4, 2009=20 and Bloomberg News would file its response to the Board's motion = by April=20 15, 2009, and the Board would file its reply by May 1, 2009. = ENDORSEMENT:=20 The parties may proceed as set out above. So Ordered. (Signed by = Judge=20 Loretta A. Preska on 1/22/2009) (jpo) Modified on 2/8/2009 (jpo).=20 (Entered: 01/23/2009)
">11	Feb. 26,=20 2009	8	STIPULATION AND ORDER: IT = IS HEREBY=20 ORDERED AND AGREED by and between the undersigned counsel for the = parties=20 in the above captioned action that: 1. The defendant Board of = Governors of=20 the Federal Reserve System ("Board") shall be permitted to file = and=20 initial brief in support of its Motion for Summary Judgment in = excess of=20 the Court's 20-page limit. The Board's initial brief will not = exceed 55=20 pages. 2. The plaintiff Bloomberg L.P. shall be permitted to file = a brief=20 in Opposition to the Board's Motion for Summary Judgment in excess = of the=20 Court's 20-page limit. The plaintiff's Opposition brief will not = exceed 55=20 pages. 3. The Board may file a Reply to the Plaintiff's Opposition = in=20 excess of the Court's 10-page limit. The Board's Reply shall not = exceed 25=20 pages. Counsel is reminded that text and footnotes shall be in = 12-point=20 type with normal margins. SO ORDERED (Signed by Judge Loretta A. = Preska on=20 2/25/2009) (rw) (Entered: 02/27/2009)
12	Mar. 04,=20 2009	9	FILING ERROR - DEFICIENT = DOCKET ENTRY=20 - MOTION for Summary Judgment. Document filed by Board of = Governors of the=20 Federal Reserve System. (Attachments: # 1 Memorandum of Points and = Authorities in Support of Defendant's Motion for Summary Judgment, = # 2=20 Defendant's Statement of Material Facts Not in Dispute, # 3 = Declaration of=20 Susan E. McLaughlin, # 4 Declaration of Alison M. Thro, # 5 = Declaration of=20 Brian F. Madigan, # 6 Declaration of Lorie K. Logan, # 7 = Declaration of=20 Helen E. Mucciolo)(Mizusawa, Yvonne) Modified on 3/5/2009 (db). = (Entered:=20 03/04/2009)
">13	Mar. 04,=20 2009		*NOTE TO ATTORNEY TO = RE-FILE=20 DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Yvonne = Facchina=20 Mizusawa to RE-FILE Document 9 MOTION for Summary Judgment. = ERROR(S):=20 Supporting Document must be filed separately (i.e. The Memorandum = in=20 Support and 5 Declarations in Support of Motion to be filed = individually;=20 use the corresponding events found under Replies, Opposition and=20 Supporting Documents; the Rule 56.1 Statement of Facts can be = found under=20 the event Other Answers). REMINDER** - First Re-File the = Motion, then=20 file and link any supporting documents. (db) (Entered: = 03/05/2009)
14	Mar. 05,=20 2009	10	MOTION for Summary Judgment. = Document=20 filed by Board of Governors of the Federal Reserve = System.(Mizusawa,=20 Yvonne) (Entered: 03/05/2009)
15	Mar. 05,=20 2009	11	MEMORANDUM OF LAW in = Support re: 10=20 MOTION for Summary Judgment.. Document filed by Board of Governors = of the=20 Federal Reserve System. (Mizusawa, Yvonne) (Entered: = 03/05/2009)
">16	Mar. 05,=20 2009	12	DECLARATION of Alison M. = Thro in=20 Support re: 10 MOTION for Summary Judgment.. Document filed by = Board of=20 Governors of the Federal Reserve System. (Mizusawa, Yvonne) = (Entered:=20 03/05/2009)
">17	Mar. 05,=20 2009	13	DECLARATION of Brian F. = Madigan in=20 Support re: 10 MOTION for Summary Judgment.. Document filed by = Board of=20 Governors of the Federal Reserve System. (Mizusawa, Yvonne) = (Entered:=20 03/05/2009)
">18	Mar. 05,=20 2009	14	DECLARATION of Susan E. = McLaughlin in=20 Support re: 10 MOTION for Summary Judgment.. Document filed by = Board of=20 Governors of the Federal Reserve System. (Mizusawa, Yvonne) = (Entered:=20 03/05/2009)
">19	Mar. 05,=20 2009	15	DECLARATION of Lorie K. = Logan in=20 Support re: 10 MOTION for Summary Judgment.. Document filed by = Board of=20 Governors of the Federal Reserve System. (Mizusawa, Yvonne) = (Entered:=20 03/05/2009)
">20	Mar. 05,=20 2009	16	DECLARATION of Helen E. = Mucciolo in=20 Support re: 10 MOTION for Summary Judgment.. Document filed by = Board of=20 Governors of the Federal Reserve System. (Mizusawa, Yvonne) = (Entered:=20 03/05/2009)
21	Mar. 05,=20 2009	17	RULE 56.1 STATEMENT. = Document filed=20 by Board of Governors of the Federal Reserve System. (Mizusawa, = Yvonne)=20 (Entered: 03/05/2009)
">22	Apr. 15,=20 2009	18	MOTION for Summary Judgment = Bloomberg,=20 L.P.'s Notice of Cross-Motion for Summary Judgment. Document filed = by=20 Bloomberg L.P..(Rose, Scott) (Entered: 04/15/2009)
23	Apr. 15,=20 2009	19	MEMORANDUM OF LAW in = Opposition re:=20 10 MOTION for Summary Judgment. and in Support of Plaintiff's = Cross-Motion=20 for Summary Judgment. Document filed by Bloomberg L.P.. (Rose, = Scott)=20 (Entered: 04/15/2009)
">24	Apr. 15,=20 2009	20	DECLARATION of Scott S. Rose = in=20 Opposition re: 10 MOTION for Summary Judgment.. Document filed by=20 Bloomberg L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 = Exhibit 3,=20 # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 = Exhibit 8,=20 # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, = # 13=20 Exhibit 13, # 14 Exhibit 14.1, # 15 Exhibit 14.2, # 16 Exhibit 15, = # 17=20 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # = 21=20 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # = 25=20 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # = 29=20 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # = 33=20 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # = 37=20 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # = 41=20 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # = 45=20 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # = 49=20 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # = 53=20 Exhibit 52)(Rose, Scott) (Entered: 04/15/2009)
">25	Apr. 15,=20 2009	21	DECLARATION of Charles J. = Glasser,=20 Jr. in Opposition re: 10 MOTION for Summary Judgment.. Document = filed by=20 Bloomberg L.P.. (Rose, Scott) (Entered: 04/15/2009)
">26	Apr. 15,=20 2009	22	DECLARATION of Sharon = Brown-Hruska in=20 Opposition re: 10 MOTION for Summary Judgment.. Document filed by=20 Bloomberg L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rose, = Scott)=20 (Entered: 04/15/2009)
">27	Apr. 15,=20 2009	23	RULE 56.1 STATEMENT. = Document filed=20 by Bloomberg L.P.. (Rose, Scott) (Entered: 04/15/2009)
28	Apr. 15,=20 2009	24	RESPONSE re: 17 Rule 56.1 = Statement=20 /Plaintiff's Response to Defendant's Statement of Material Facts = Not In=20 Dispute. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: = 04/15/2009)
29	May 01,=20 2009	25	COUNTER STATEMENT TO 23 = Rule 56.1=20 Statement. Document filed by Board of Governors of the Federal = Reserve=20 System. (Mizusawa, Yvonne) (Entered: 05/01/2009)
30	May 01,=20 2009	26	REPLY MEMORANDUM OF LAW in = Opposition=20 re: 18 MOTION for Summary Judgment /Defendant Bloomberg, L.P.'s = Notice of=20 Cross-Motion for Summary Judgment. Defendant Board of Governors of = the=20 Federal Reserve System's Reply and Opposition to Plaintiff's Cross = Motion=20 for Summary Judgment. Document filed by Board of Governors of the = Federal=20 Reserve System. (Attachments: # 1 Exhibit 1 - Suppl. Thro = Decl.)(Mizusawa,=20 Yvonne) (Entered: 05/01/2009)
31	May 08, 2009	27	REPLY MEMORANDUM OF LAW in = Support=20 re: 18 MOTION for Summary Judgment /Defendant Bloomberg, L.P.'s = Notice of=20 Cross-Motion for Summary Judgment.. Document filed by Bloomberg = L.P..=20 (Rose, Scott) (Entered: 05/08/2009)
32	Jul. 21,=20 2009	28	ORDER The Plaintiff and = Defendant are=20 directed to submit additional briefing on the issue of whether the = Federal=20 Reserve Bank of New York is an agency under FOIA. (Compare = Plaintiff=20 Bloomberg L.P.'s Memorandum of Law in Opposition to Defendant's = Motion for=20 Summary Judgment and in Support of its Cross-Motion for Summary = Judgment=20 at 17-19, with Defendant Board of Governors of the Federal Reserve = System's Reply and Opposition to Plaintiff's Cross Motion for = Summary=20 Judgment at 9-10.) Defendant shall electronically file a = Supplemental=20 Memorandum of Law on or before close of business Thursday, July = 23, 2009,=20 and distribute courtesy copies to the Court and Plaintiff. = Plaintiff shall=20 electronically file a Supplemental Memorandum of Law on or before = close of=20 business Tuesday, July 28, 2009, and distribute courtesy copies to = the=20 Court and Defendant. Supplemental Memoranda of Law shall be no = longer than=20 five pages. (Signed by Judge Loretta A. Preska on 7/20/09) (djc) = Modified=20 on 7/24/2009 (djc). (Entered: 07/21/2009)
33	Jul. 23,=20 2009	29	RESPONSE in Support re: 10 = MOTION for=20 Summary Judgment. Supplemental Brief. Document filed by Board of = Governors=20 of the Federal Reserve System. (Mizusawa, Yvonne) (Entered:=20 07/23/2009)
34	Jul. 28,=20 2009	30	SUPPLEMENTAL MEMORANDUM OF = LAW in=20 Support re: 18 MOTION for Summary Judgment /Defendant Bloomberg, = L.P.'s=20 Notice of Cross-Motion for Summary Judgment. /Plaintiff Bloomberg = L.P.'s=20 Supplemental Memorandum of Law Concerning the "Agency" Status of = the=20 Federal Reserve Bank of New York. Document filed by Bloomberg = L.P..=20 (Golden, Thomas) (Entered: 07/28/2009)
35	Aug. 24,=20 2009	31	OPINION AND ORDER:#97945 = For the=20 reasons set forth herein, the Board's Motion for Summary Judgment = [dkt.=20 no. 10] is DENIED, and Bloomberg's Motion for Summary Judgment = [dkt. no.=20 18] is GRANTED. Specifically, The Board shall produce forthwith = the=20 Remaining Term Reports within five business days of the date = hereof; The=20 Board shall search forthwith records at the FRBNY that constitute = "Records=20 of the Board" within the meaning of 12 C.F.R. =A7 261.2 (i) (1); = and The=20 parties shall confer following their review of the results of the = search=20 and inform the Court by letter no later than September 14, 2009 = how they=20 propose to proceed. (Signed by Judge Loretta A. Preska on = 8/24/2009) (jpo)=20 Modified on 8/25/2009 (eef). (Entered: 08/24/2009)
">36	Aug. 24,=20 2009		Transmission to Judgments = and Orders=20 Clerk. Transmitted re: 31 Opinion & Order, Set = Deadlines/Hearings, to=20 the Judgments and Orders Clerk. (jpo) (Entered: 08/24/2009)
37	Aug. 26,=20 2009	32	CLERK'S JUDGMENT in favor = of Board of=20 Governors of the Federal Reserve System against Bloomberg L.P. = that=20 pltff's motion for summary judgment is granted, defendant's motion = is=20 denied. (Signed by J. Michael McMahon, Clerk on 8/26/09) (jf) = (Additional=20 attachment(s) added on 8/27/2009: # 1 notice of right to appeal) = (jf).=20 (Entered: 08/27/2009)
38	Aug. 27,=20 2009		Minute Entry for proceedings = held=20 before Judge Loretta A. Preska: Telephone Conference held on = 8/27/2009.=20 (mro) (Entered: 09/01/2009)
">39	Aug. 28,=20 2009	33	STIPULATION AND ORDER = STAYING ORDER=20 OF AUGUST 24, 2009: The parties agree as follows: Accompanied by = an=20 emergency stay application, the Board shall file its notice of = appeal=20 within three business days after it is authorized to do so, but in = no=20 event later than September 30, 2009, based on the Board's = undertaking to=20 obtain a decision on authorization no later than September 25, = 2009,=20 authorization to pursue an appeal or otherwise decides not to = pursue an=20 appeal. The Board will not oppose a motion filed by Bloomberg = under Rule 2=20 of the Federal Rules of Appellate Procedure for a suspension of = the=20 applicable rules for the purpose of expediting the Court of = Appeals'=20 decision. The Court's August 24th Order is hereby stayed pending = the=20 outcome of the emergency stay application in the Court of Appeals. = At the=20 time it files its notice of appeal and emergency stay application = in the=20 Court of Appeals, the Board shall seek expedited treatment of the = appeal.=20 (Signed by Judge Loretta A. Preska on 8/28/2009) (jpo) (Entered: = 08/28/2009)