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Case TitleFox News Network, LLC v. United States Department of the Treasury
DistrictSouthern District of New York
CityFoley Square
Case Number1:2008cv11009
Date Filed2008-12-18
Date Closed2010-10-25
JudgeMagistrate Judge Frank Maas
PlaintiffFox News Network, LLC
DefendantUnited States Department of the Treasury
Documents
Docket
Complaint
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-12-181COMPLAINT against United States Department of the Treasury. (Filing Fee $ 350.00, Receipt Number 672694)Document filed by Fox News Network, LLC.(ama) (Entered: 12/22/2008)
2008-12-18SUMMONS ISSUED as to United States Department of the Treasury, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 12/22/2008)
2008-12-18Magistrate Judge Frank Maas is so designated. (ama) (Entered: 12/22/2008)
2008-12-18Case Designated ECF. (ama) (Entered: 12/22/2008)
2008-12-182RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fox Entertainment Group,Inc., News Corporation as Corporate Parent. Document filed by Fox News Network, LLC.(ama) (Entered: 12/22/2008)
2008-12-233AFFIDAVIT OF SERVICE. United States Department of the Treasury served on 12/19/2008, answer due 2/17/2009. Service was accepted by Civil Processing Clerk. Service was made by Mail. Document filed by Fox News Network, LLC. (Ostensen, Paul) (Entered: 12/23/2008)
2008-12-304AFFIDAVIT OF SERVICE. United States Department of the Treasury served on 12/30/2008, answer due 3/2/2009. Service was accepted by Civil Processing Clerk. Service was made by Mail. Document filed by Fox News Network, LLC. (Ostensen, Paul) (Entered: 12/30/2008)
2009-01-215ENDORSED LETTER addressed to Judge Richard J. Holwell from Steven G. Mintz dated 1/9/2009 re: Per to the Court's request, the parties have conferred and agreed the following briefing schedule for Fox New's injunction motion. The defendant's answering papers are due on January 26, 2009, and Fox New's reply papers are due on February 4, 2009. The parties request that the Court so-order this briefing schedule. ENDORSEMENT: And oral argument will be held on Feb. 6, 2009 at 11:00 a.m. So Ordered. (Signed by Judge Richard J. Holwell on 1/20/2009) (jfe) (Entered: 01/21/2009)
2009-01-21Set/Reset Deadlines as to Responses due by 1/26/2009 Replies due by 2/4/2009. (jfe) (Entered: 01/21/2009)
2009-01-226MEMORANDUM OF LAW in Support of Preliminary Injunction . Document filed by Fox News Network, LLC. (Ostensen, Paul) (Entered: 01/22/2009)
2009-01-227DECLARATION of Steven G. Mintz in Support. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit 1 to Mintz Declaration, # 2 Exhibit 2 to Mintz Declaration, # 3 Exhibit 3(a) to Mintz Declaration, # 4 Exhibit 3(b) to Mintz Declaration)(Ostensen, Paul) (Entered: 01/22/2009)
2009-01-228DECLARATION of Kevin Magee in Support. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit 1 to Magee Declaration, # 2 Exhibit 2 to Magee Declaration, # 3 Exhibit 3 to Magee Declaration, # 4 Exhibit 4 to Magee Declaration, # 5 Exhibit 5 to Magee Declaration, # 6 Proposed Order to Show Cause)(Ostensen, Paul) (Entered: 01/22/2009)
2009-01-269MEMORANDUM OF LAW in Opposition re: 8 Declaration in Support, 6 Memorandum of Law in Support, 7 Declaration in Support,. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 01/26/2009)
2009-01-2610DECLARATION of Hugh Gilmore in Opposition re: 9 Memorandum of Law in Opposition. Document filed by United States Department of the Treasury. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Drori, Danna) (Entered: 01/26/2009)
2009-01-2611DECLARATION of Danna Drori in Opposition re: 9 Memorandum of Law in Opposition. Document filed by United States Department of the Treasury. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Drori, Danna) (Entered: 01/26/2009)
2009-01-3012ANSWER to Complaint. Document filed by United States Department of the Treasury.(Drori, Danna) (Entered: 01/30/2009)
2009-02-0314MEMO ENDORSEMENT on DECLARATION OF STEVEN G. MINTZ IN SUPPORT OF APPLICATION TO RECORD PROCEEDINGS. ENDORSEMENT: The application in untimely and therefore denied. (Signed by Judge Richard J. Holwell on 2/2/09) (tro) (Entered: 02/05/2009)
2009-02-0413REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for a Preliminary Injunction . Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 02/04/2009)
2009-02-1916TRANSCRIPT of proceedings held on February 6, 2009 before Judge Richard J. Holwell. (mro) (Entered: 02/23/2009)
2009-02-1917TRANSCRIPT of proceedings held on 2/6/09 before Judge Richard J. Holwell. (tro) (Entered: 03/16/2009)
2009-02-2015ORDER: The Court directs the government to comply with plaintiff's request under the Freedom of Information Act within 30 days and to produce a Vaughn index with 45 days, both periods measured from the date of this order. So Ordered. (Signed by Judge Richard J. Holwell on 2/19/09) (js) (Entered: 02/20/2009)
2009-04-0618ENDORSED LETTER addressed to Judge Richard J. Holwell from Danna Drori dated 3/31/2009 re: The Government respectfully request an additional two weeks, until April 20, 2009 to complete the Vaughn index of approximately 4,000 pages of redacted materials. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 4/2/2009) (jfe) (Entered: 04/06/2009)
2009-05-01Minute Entry for proceedings held before Judge Richard J. Holwell: Status Conference held on 5/1/2009. The Court entered the following order: The parties to meet and confer on disputes on Vaugn Index by 5/15/09. Defendants to file support filings by 6/15/09. Plaintiff to file opposition by 7/15/09 and defendants to file reply by 7/29/09. (mro) (Entered: 05/15/2009)
2009-05-1919ORDER, that the Court denies defendant's request for consolidation. The Court further adopts the following schedule, proposed by plaintiff, for resolution of the exemption issues in this matter: that by May 22,2009: The parties meet and confer,June 15, 2009: Defendant to move for exemptions, July 15, 2009: Plaintiff to respond, July 31, 2009: Defendant to reply. (Signed by Judge Richard J. Holwell on 5/19/09) (pl) (Entered: 05/19/2009)
2009-06-0320ORDER: The parties to meet and confer on disputes regarding the Vaughn Index by 5/15/2009. Defendants to file supporting papers by 6/15/2009. Plaintiff to file opposition by 7/15/2009. Defendants to file reply by 7/29/2009. (Signed by Judge Richard J. Holwell on 5/26/2009) (jpo) (Entered: 06/03/2009)
2009-06-0421ENDORSED LETTER addressed to Judge Richard J. Holwell from Danna Drori dated 5/27/2009 re: The parties request that the schedule be modified such that the moving brief is filed by June 22. 2009, response by July 22, 2009, and reply by August 5, 2009. ENDORSEMENT: SO ORDERED. ( Motions due by 6/22/2009, Replies due by 8/5/2009, Responses due by 7/22/2009.) (Signed by Judge Richard J. Holwell on 6/2/2009) (jmi) (Entered: 06/04/2009)
2009-06-2222MOTION for Summary Judgment. Document filed by United States Department of the Treasury.(Drori, Danna) (Entered: 06/22/2009)
2009-06-2223DECLARATION of Joseph J. Samarias in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8)(Drori, Danna) (Entered: 06/22/2009)
2009-06-2224DECLARATION of Hugh Gilmore in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drori, Danna) (Entered: 06/22/2009)
2009-06-2225DECLARATION of Michelle Ayers in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2226DECLARATION of Gail V. Harris-Berry in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2227DECLARATION of Rowena Holloway in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2228DECLARATION of Brett Kitt in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2229DECLARATION of Ellen Neubauer in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2230DECLARATION of Thomas C. Baxter, Jr. in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2231DECLARATION of James M. Mahoney in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2232DECLARATION of Stephanie A. Heller in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2233DECLARATION of Robert L. Griffin in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2234DECLARATION of Nicholas Kourides in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2235DECLARATION of Paul McKinnon in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2236DECLARATION of Gregory D. Hawkins in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 06/22/2009)
2009-06-2237FILLING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment. (Part 1 of 2 of memorandum) . Document filed by United States Department of the Treasury. (Drori, Danna) Modified on 6/23/2009 (jar). (Entered: 06/22/2009)
2009-06-2238FILLING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment. (Part 2 of 2 of memorandum) . Document filed by United States Department of the Treasury. (Drori, Danna) Modified on 6/23/2009 (jar). (Entered: 06/22/2009)
2009-06-22***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Danna Drori to RE-FILE Document 37 Memorandum of Law in Support of Motion, 38 Memorandum of Law in Support of Motion. ERROR(S): Memorandum must be filed as one entry. Include second part of the Memorandum as an attachment. (jar) (Entered: 06/23/2009)
2009-06-2339MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Attachments: # 1 Supplement (remainder of memorandum of law))(Drori, Danna) (Entered: 06/23/2009)
2009-06-2440ENDORSED LETTER addressed to Judge Richard J. Holwell from Lev L. Dassin dated 6/18/09 re: Request permission to file an overlength brief of no more than 60pages in support of the Government's motion for summary judgment, due on Monday, June 22, 2009. Counsel for plaintiff consents to this request. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 6/23/09) (db) (Entered: 06/24/2009)
2009-07-1541ENDORSED LETTER addressed to Judge RIchard J. Holwell from Steven G. Mintz dated 7/6/2009 re: Requesting that Fox News's response time be extended to August 7, 2009, and that Treasury's reply be due on September 4, 2009. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 7/9/2009) (jpo) (Entered: 07/15/2009)
2009-08-0742NOTICE OF APPEARANCE by Terence William McCormick on behalf of Fox News Network, LLC (McCormick, Terence) (Entered: 08/07/2009)
2009-08-0743CROSS MOTION for Summary Judgment. Document filed by Fox News Network, LLC. Responses due by 9/4/2009(Mintz, Steven) (Entered: 08/07/2009)
2009-08-0744MEMORANDUM OF LAW in Opposition re: 43 CROSS MOTION for Summary Judgment., 22 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 08/07/2009)
2009-08-0745DECLARATION of PAUL OSTENSEN in Opposition re: 43 CROSS MOTION for Summary Judgment., 22 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit 1 (Nov. 25 FOIA Request), # 2 Exhibit 2 (December FOIA Request), # 3 Exhibit 3 (Portions of FOIA Production), # 4 Exhibit 4 (AIG 2008 Form 10-K), # 5 Exhibit 5 (AIG Oct. 8, 2008 Press Release), # 6 Exhibit 6 (AIG Nov. 10, 2008 Press Release), # 7 Exhibit 7 (Citigroup Jan. 15, 2008 Press Release))(Mintz, Steven) (Entered: 08/07/2009)
2009-08-1246ENDORSED LETTER addressed to Judge Richard J. Holwell from Steven G. Mintz dated 8/3/09 re: Plaintiff requests permission to file an over-length brief of no more than 60 pages in response to Treasury's motion, which included a 58 page brief, 13 declarations and a 129 page Vaughn index. Counsel for Treasure consents to this request. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 8/10/09) (ae) (Entered: 08/12/2009)
2009-09-0847FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment. And Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by United States Department of the Treasury. (Attachments: # 1 Supplement second half of memorandum of law)(Drori, Danna) Modified on 9/8/2009 (kco). (Entered: 09/08/2009)
2009-09-0848REPLY MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment. And Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by United States Department of the Treasury. (Attachments: # 1 Second half of memorandum of law)(Drori, Danna) (Entered: 09/08/2009)
2009-09-0849REPLY AFFIDAVIT of Joseph J. Samarias in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 09/08/2009)
2009-09-0850REPLY AFFIDAVIT of Stephen Albrecht in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Drori, Danna) (Entered: 09/08/2009)
2009-09-1551ENDORSED LETTER addressed to Judge Richard J. Holwell from Danna Drori dated 9/4/09 re: Counsel respectfully renews their request that the Court accept the enclosed 55-page brief. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 9/14/09) (tro) (Entered: 09/15/2009)
2009-09-1852REPLY MEMORANDUM OF LAW in Support re: 43 CROSS MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 09/18/2009)
2009-09-2153ENDORSED LETTER addressed to Judge Richard J. Holwell from Mintz & Gold LLP dated 9/15/09 re: Request to file a reply of no more than 20 pages in response to Treasury's opposition to Fox News's cross-motion for summary judgment on 9/18/09. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 43 CROSS MOTION for Summary Judgment. ( Reply due by 9/18/2009.) (Signed by Judge Richard J. Holwell on 9/17/09) (cd) (Entered: 09/21/2009)
2009-09-2154ENDORSED LETTER addressed to Judge Richard J. Holwell from Danna Drori dated 9/1/2009 re: Counsel respectfully request permission to file an overlength brief of no more than 55 pages in support of the Government's combined oppositions to plaintiff's cross-motion. Counsel will serve the Government's papers on September 4 and provide courtesy copies to Chambers but with Your Honor's permission to wait until September 8 to file those papers. Counsel also request that they be granted an extension of time permitted under the Local Rules to file its rely to the Government's opposition to its cross-motion from September 14 until September 18, 2009. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 9/5/2009) (jfe) Modified on 9/28/2009 (jfe). (Entered: 09/22/2009)
2009-11-0355ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion(s): Motion for Summary Judgment 22 in action 08 Civ. 11009; Cross-Motion for Summary Judgment 43 in action 08 Civ. 11009. Referred to Magistrate Judge Frank Maas. Motions referred to Frank Maas. (Signed by Judge Richard J. Holwell on 11/2/09) (tro) (Entered: 11/03/2009)
2009-11-04Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 11/4/2009. (tro) (Entered: 11/10/2009)
2009-11-1856ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Danna Drori dated 11/18/09 re: counsel for Defendant request that any oral argument be scheduled for a date prior to December 17, if it is convenient for the Court. ENDORSEMENT: My calendar precludes any oral argument before 12/17/09, although I recognize Ms. Drori is undoubtedly in the best position to argue for the Treasury Department I will schedule oral argument after Ive had some more time to review the papers. (Signed by Magistrate Judge Frank Maas on 11/18/09) (pl) (Entered: 11/19/2009)
2009-12-0457ORDER, that by December 11, 2009, Treasury shall make its submission concerning its failure to search for documents containing the "BONY" acronym. By December 31, 2009, Treasury shall provide the additional information required by this Order, together with an updated list in Excel or similar format identifying the withheld documents still being contested and the exemption or exemptions claimed for each such document. Thereafter, by January 10, 2010, Fox may make any responsive submission it believes is necessary. As Fox has requested, the Court will then hear oral argument concerning the cross-motions for summary judgment on January 22, 2010, at 2:00 p.m., in Courtroom 20A. (Signed by Magistrate Judge Frank Maas on 12/4/09) Copies Mailed By Chambers.(pl) (Entered: 12/04/2009)
2009-12-04Set/Reset Scheduling Order Deadlines: Oral Argument set for 1/22/2010 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas. (pl) (Entered: 12/04/2009)
2009-12-2358ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Carolina A. Fornos dated 12/18/2009 re: The parties jointly propose that Treasury have until 1/22/2010 to submit the additional information required by the 12/4 Order, that Fox make any responsive submission by 2/1/2010, and that any oral argument be scheduled on or before 2/12/2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Oral argument will be held 2/11/10 at 2 pm. (Signed by Magistrate Judge Frank Maas on 12/23/2009) (tve) (Entered: 12/23/2009)
2010-01-2259DECLARATION of Joseph J. Samarias in Support re: 22 MOTION for Summary Judgment.. Document filed by United States Department of the Treasury. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8, # 9 Exhibit A9, # 10 Exhibit A10, # 11 Exhibit A11, # 12 Exhibit 12, # 13 Exhibit A13)(Fornos, Carolina) (Entered: 01/22/2010)
2010-01-2760ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven G. Mintz dated 1/27/2010 re: We propose that plaintiffs submission be due on February 12, 2010, and that argument be scheduled after March 8, 2010. ENDORSEMENT: Approved. The argument will be held 3/19/10 at 10 am., ( Responses due by 2/12/2010, Oral Argument set for 3/19/2010 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/27/2010) (jmi) (Entered: 01/28/2010)
2010-02-0961ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven G. Mintz dated 2/9/2010 re: Requesting that submission be due February 16, 2010 and that the oral argument remain as scheduled. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 2/9/2010) (jpo) (Entered: 02/11/2010)
2010-02-1662DECLARATION of STEVEN G. MINTZ, ESQ. in Opposition re: 43 CROSS MOTION for Summary Judgment., 22 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit 1 (Annotated Vaughn Index), # 2 Exhibit 2 (December 4 Order), # 3 Exhibit 3 (December 11 Letter))(Mintz, Steven) (Entered: 02/16/2010)
2010-02-1663SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 43 CROSS MOTION for Summary Judgment., 22 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 02/16/2010)
2010-03-19Minute Entry for proceedings held before Magistrate Judge Frank Maas: Oral Argument held on 3/19/2010. (tro) (Entered: 03/22/2010)
2010-03-2664CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION by Fox News Network, LLC, United States Department of the Treasury re 43 CROSS MOTION for Summary Judgment. 22 MOTION for Summary Judgment. MOTION REFERRED to Magistrate Judge Frank Maas. (Signed by Judge Richard J. Holwell on 3/26/2010) (jpo) (Entered: 03/26/2010)
2010-03-2665ORDER: The parties are directed to arrange for the Court to be provided, by April 3, 2010, with copies of the redacted documents listed in Treasury's revised Vaughn index that previously were provided to the plaintiff. Copies Mailed by Chambers (Signed by Magistrate Judge Frank Maas on 3/26/2010) (js) Modified on 4/6/2010 (js). (Entered: 03/29/2010)
2010-04-0266TRANSCRIPT of proceedings held on March 19, 2010 10:20 a.m. before Magistrate Judge Frank Maas. (ajc) (Entered: 04/02/2010)
2010-04-05***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance, by Carolina A. Fornos, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef) (Entered: 04/05/2010)
2010-07-1267DISCOVERY ORDER: It is hereby ORDERED that, by July 16, 2010, Treasury shall submit the unredacted copies of the following documents to Chambers for in camera review: W0001-W004, W0169-W0171, W0236-W0237, W0270-W0271, W2714-W2717 W3152-W3155, W2719, 1305-1306, except for (b)(2) redactions, 1695-1696, 1697-1697B, 1704-1706, 1980-1985, except for (b)(2) redactions, 2126-2127, except for (b)(2) redactions, 2155-2155, except for (b)(6) redactions, 2299-2300, 2464-2466, 2543-2545, except for (b)(2) redactions, 2664-2666, 2707-2708, 2731-2766, 2767-2768, 8391-8399, except for (b)(2) redactions, 8548-8550, 8567-8569, 8619-8629, 8713-8713, 8812-8817, 8875-8881, 8883-8889 (attorney-client privilege redactions only), 8894-8896, 8972-8983, 8995-8996, except for (b)(6) redactions, 9003-9004, 9005-9005, 9047-9051, 9055-9062, 9052-9054, except for (b)(2) redactions, 9152-9161, 9341-9346, 9576-9584, 9597-9598, 9615-9616, 9617-9622, 9726-9728. (Signed by Magistrate Judge Frank Maas on 7/12/2010) Copies Mailed By Chambers.(jfe) (Entered: 07/13/2010)
2010-07-1368NOTICE OF APPEARANCE by Carolina A. Fornos on behalf of United States Department of the Treasury (Fornos, Carolina) (Entered: 07/13/2010)
2010-09-0369DECISION AND ORDER granting in part and denying in part 43 Motion for Summary Judgment; granting in part and denying in part 22 Motion for Summary Judgment. The Court will hold a telephone conference on 9/13/10, at 11:00 am to determine whether there are any further issues requiring resolutions before this case is closed. Counsel for the plaintiff should initiate that call. (Signed by Magistrate Judge Frank Maas on 9/3/10) Copy Sent By Chambers. (cd) (Entered: 09/07/2010)
2010-09-03Set Deadlines/Hearings: Telephone Conference set for 9/13/2010 at 11:00 AM before Magistrate Judge Frank Maas. (cd) (Entered: 09/07/2010)
2010-09-0770ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Terence McCormick dated 9/7/10 re: Request for a telephone conference on 9/30/10 at 5:00 pm instead of 9/13/10. ENDORSEMENT: Application granted. (Telephone Conference set for 9/30/2010 at 05:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/7/10) (cd) (Entered: 09/08/2010)
2010-09-30Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 9/30/2010. (mro) (Entered: 10/01/2010)
2010-10-1571CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Fox News Network, LLC, United States Department of the Treasury. CASE ASSIGNED to Magistrate Judge Frank Maas. (Signed by Judge Richard J. Holwell on 10/13/10) (cd) (Entered: 10/18/2010)
2010-10-2572STIPULATION AND ORDER, that Plaintiff may file a motion for attorney's fees and litigation costs in this action within sixty (60) days of the entry of judgment. (Signed by Magistrate Judge Frank Maas on 10/25/10) (pl) (Entered: 10/26/2010)
2010-10-2573STIPULATION AND ORDER, that, 1. The judgment shall be stayed for forty-five days. Accordingly, Treasury is not required to produce the documents identified in the Decision and Order dated September 3, 2010, until after forty-five days from the entry of judgment. 2. Nothing in this Stipulation and Order regarding the stay of judgment shall preclude Treasury from applying to the District Court and/or the United States Court of Appeals for the Second Circuit for a further stay of the judgment. (Signed by Magistrate Judge Frank Maas on 10/25/10) (pl) (Entered: 10/26/2010)
2010-10-2574JUDGMENT that for the reasons stated in the Court's Decision and Order dated September 3, 2010, defendant's motion summary judgment dated June 22, 2009, which requested a judgment that the documents identified therein were properly withheld pursuant to exemptions listed in FOIA, and plaintiff's cross-motion for summary judgment dated August 7, 2009, which requested that the Court enter an injunction ordering defendant to disclose such documents pursuant to FOIA, are granted in part and denied in part, respectively, as specified in the Courts Decision and Order dated September 3, 2010, and defendant is hereby ordered to disclose to the plaintiff those documents identified in said Decision and Order that are to be released pursuant to FOIA; accordingly the case is closed, without prejudice to the Court's future consideration of plaintiffs application for attorneys fees and costs and all other post-judgment proceedings. (Signed by Magistrate Judge Frank Maas on 10/25/10) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 10/26/2010)
2010-12-2375MOTION for Attorney Fees pursuant to the Freedom of Information Act . Document filed by Fox News Network, LLC.(Mintz, Steven) (Entered: 12/23/2010)
2010-12-2376MEMORANDUM OF LAW in Support re: 75 MOTION for Attorney Fees pursuant to the Freedom of Information Act .. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 12/23/2010)
2010-12-2377DECLARATION of RAY HENNESSEY in Support re: 75 MOTION for Attorney Fees pursuant to the Freedom of Information Act .. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 12/23/2010)
2010-12-2378DECLARATION of STEVEN G. MINTZ, ESQ. in Support re: 75 MOTION for Attorney Fees pursuant to the Freedom of Information Act .. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit A (Transcript of Feb. 6 Oral Argument), # 2 Exhibit B (Part 1 - Invoices and Contemporaneous Time Entries), # 3 Exhibit B (Part 2 - Invoices and Contemporaneous Time Entries), # 4 Exhibit C (Schedule of Fees Requested))(Mintz, Steven) (Entered: 12/23/2010)
2010-12-2379CERTIFICATE OF SERVICE of Notice of Motion, Declarations and Memorandum of Law served on John Clopper (U.D. Dep't of Justice) on 12/23/2010. Document filed by Fox News Network, LLC. (McCormick, Terence) (Entered: 12/23/2010)
2011-01-0580NOTICE OF APPEARANCE by John Dalton Clopper on behalf of United States Department of the Treasury (Clopper, John) (Entered: 01/05/2011)
2011-01-0581ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Steven G. Mintz dated 1/5/11 re: counsel for plaintiff request that the Court instruct Treasury to come forward with a properly itemized Vaughn Index within the next two weeks. We further propose that the Court convene a conference and establish a schedule for briefing and argument of summary judgment motions in the event that Treasury persists in claiming FOIA exemptions that Your Honor has already indicated may not properly be claimed. ENDORSEMENT: the Court will hold a conference to discuss these issues on January 12, 2011, at 4pm in courtroom 20A. If this date and time are not feasible, counsel should place a conference call to my chambers to reschedule. (Signed by Magistrate Judge Frank Maas on 1/5/11) (pl) (Entered: 01/06/2011)
2011-01-1482ORDER. It is hereby ORDERED that: 1. By February 14, 2011, the Government shall produce its revised Vaughn index for the documents withheld in case 09 Civ. 3045 ("Fox II") under Exemption 5. 2. By February 18, 2011, the Government shall communicate to Fox its counter proposal with respect to Fox's application for attorneys' fees in case 08 Civ. 11009 ("Fox I"). 3. By February 25, 2011, the Government shall produce its revised Vaughn index in Fox II under Exemption 4. 4. A telephone conference shall be held on March 1,2011, at 10:00 a.m. Counsel for Fox should initiate the call. 5. By March 4, 2011, if the parties have not resolved the issue of attorneys' fees in Fox I, the Government shall serve its papers in opposition to Fox's application for attorneys' fees. 6. By March 18, 2011, Fox shall serve its reply to the Government's papers in opposition to Fox's fee application. 7. By April 1, 2011, any motion(s) for summary judgment in Fox II shall be served and filed. 8. By April 29, 2011, any opposition papers to summary judgment motions shall be served and filed. Relates to 08-11009, 09-3045. (Signed by Magistrate Judge Frank Maas on 1/14/11) Copies Sent By Chambers. (rjm) (Entered: 01/18/2011)
2011-01-14Set Deadlines/Hearings: Motions due by 4/1/2011. Responses due by 4/29/2011 Telephone Conference set for 3/1/2011 at 10:00 AM before Magistrate Judge Frank Maas. (rjm) (Entered: 01/18/2011)
2011-01-14Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 1/14/2011 at 12:00 PM. (ab) (Entered: 01/18/2011)
2011-03-01Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 3/1/2011. (mbe) (Entered: 03/02/2011)
2011-03-0183ORDER that: The parties are directed to contact the Chambers of United States Magistrate Judge Michael H. Dolinger to schedule a settlement conference regarding the issue of attorneys' fees. By March 18, 2011, if the parties have not resolved the issue of attorneys' fees, the Government shall serve its papers in opposition to Fox's application for attorneys' fees. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 3/1/2011) (jmi) (Entered: 03/02/2011)
2011-03-0984ORDER that a settlement conference has been scheduled in the above-captioned action on MONDAY, MARCH 7, 2011, at 4:30 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York New York 10007 1312. Additional relief as set forth in this Order. ( Settlement Conference set for 3/7/2011 at 04:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 3/2/11) Copies Faxed By Chambers. (pl) (Entered: 03/09/2011)
2011-03-2285STIPULATION AND ORDER: It is hereby Stipulated and agreed that the United States will pay to plaintiff the sum of $121,000.00, in attorneys' fees and costs, pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (a) 4)(E). Plaintiff and defendant agree that this sum constitutes a full and complete settlement of any claims by plaintiff for attorneys' fees and litigation costs under any provision of law that plaintiff asserted or could have asserted in connection with this action. Nothing in this Stipulation and Order shall constitute an admission that defendant, or its agents, servants or employees, are liable for any attorneys' fees or litigation costs, or that plaintiff "substantially prevailed" in this action under 5 U.S.C. § 552 (a)(4)(E), or is entitled or eligible for any attorneys' fees or litigation costs. This Stipulation and Order is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of litigation concerning attorneys' fees and litigation costs. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. The Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (Signed by Magistrate Judge Frank Maas on 3/22/2011) (jfe) (Entered: 03/22/2011)
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by FOIA Project Staff