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Case TitleNEW YORK STOCK EXCHANGE LLC v. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00640
Date Filed2019-03-07
Date Closed2019-08-14
JudgeJudge Amy Berman Jackson
PlaintiffNEW YORK STOCK EXCHANGE LLC
Case DescriptionThe New York Stock Exchange submitted a FOIA request to the Securities and Exchange Commission for records concerning the participation of Brett Redfearn, Director of the Division of Trading and Markets in the market data proceedings. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, the New York Stock Exchange filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantSECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-071COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 400 receipt number 0090-5987153) filed by NEW YORK STOCK EXCHANGE LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons (to: Securities and Exchange Commission), # 5 Summons (to: U.S. Attorney General), # 6 Summons (to: U.S. Attorney for the District of Columbia))(Carroll, Christina) (Entered: 03/07/2019)
2019-03-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW YORK STOCK EXCHANGE LLC (Carroll, Christina) (Entered: 03/07/2019)
2019-03-07Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 03/07/2019)
2019-03-073SUMMONS (3) Issued Electronically as to SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/07/2019)
2019-03-084NOTICE of Appearance by Douglas W. Henkin on behalf of NEW YORK STOCK EXCHANGE LLC (Henkin, Douglas) (Entered: 03/08/2019)
2019-03-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/8/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 4/7/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SECURITIES AND EXCHANGE COMMISSION served on 3/7/2019 (Attachments: # 1 Affidavit of Service (SEC))(Henkin, Douglas) (Entered: 03/13/2019)
2019-03-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/11/2019. (Carroll, Christina) (Entered: 03/19/2019)
2019-04-087NOTICE of Appearance by William Smith Greig on behalf of SECURITIES AND EXCHANGE COMMISSION (Greig, William) (Entered: 04/08/2019)
2019-04-088ANSWER to Complaint by SECURITIES AND EXCHANGE COMMISSION.(Greig, William) (Entered: 04/08/2019)
2019-04-09MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before May 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/09/2019. (lcabj3) (Entered: 04/09/2019)
2019-05-039STIPULATION and [Proposed] Order re: production of Vaughn Index and deferral of dispositive motion deadline by NEW YORK STOCK EXCHANGE LLC. (Carroll, Christina) (Entered: 05/03/2019)
2019-05-0310ORDER that defendant shall produce to plaintiff a final Vaughn Index by June 21, 2019 and that the parties shall confer and file by July 3, 2019 a status report and proposed schedule for further proceedings, if necessary. See Order for details. The parties are advised for future reference that the proper way in this court to obtain an extension of a date set by the Court is to file a consent motion. See LCvR 16.1. Signed by Judge Amy Berman Jackson on 5/3/19. (DMK) (Entered: 05/03/2019)
2019-05-04Set/Reset Deadlines: Defendant shall produce to Plaintiff a final Vaughn Index by 6/21/2019 and that the parties shall confer and file by 7/3/2019 a Status Report and Proposed Schedule for Further Proceedings, if necessary. (jth) (Entered: 05/04/2019)
2019-07-0311Joint STATUS REPORT by NEW YORK STOCK EXCHANGE LLC. (Carroll, Christina) (Entered: 07/03/2019)
2019-07-09MINUTE ORDER. The parties must file an updated joint status report by July 22, 2019. If the parties propose a summary judgment briefing schedule they must follow this format: defendant's motion for summary judgment is due on August 30, 2019; plaintiff's opposition and cross-motion for summary judgment, if any, which must be supported by a single memorandum of points and authorities, must be filed by September 20, 2019 (or three weeks after the motion for summary judgment is filed, whichever is earlier); defendant's reply, combined with its cross-opposition (if necessary) is due October 11, 2019 (or three weeks after the opposition/cross-motion, whichever is earlier); and plaintiff's cross-reply (if necessary) is due October 25, 2019 (or two weeks after the cross-opposition, whichever is earlier). SO ORDERED. Signed by Judge Amy Berman Jackson on 07/09/2019. (lcabj3) (Entered: 07/09/2019)
2019-07-2212Joint STATUS REPORT by NEW YORK STOCK EXCHANGE LLC. (Carroll, Christina) (Entered: 07/22/2019)
2019-07-23MINUTE ORDER. The parties must file an updated status report by August 6, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/23/2019. (lcabj3) (Entered: 07/23/2019)
2019-08-0613Joint STATUS REPORT by NEW YORK STOCK EXCHANGE LLC. (Carroll, Christina) (Entered: 08/06/2019)
2019-08-08MINUTE ORDER. The parties must file an updated status report by August 13, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/08/2019. (lcabj3) (Entered: 08/08/2019)
2019-08-1314STIPULATION of Dismissal by SECURITIES AND EXCHANGE COMMISSION. (Greig, William) (Entered: 08/13/2019)
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by FOIA Project Staff
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