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Case TitleBloomberg L.P. v. Board of Governors of the Federal Reserve System
DistrictSouthern District of New York
CityFoley Square
Case Number1:2008cv09595
Date Filed2008-11-07
Date Closed2009-08-26
JudgeJudge Loretta A. Preska
PlaintiffBloomberg L.P.
DefendantBoard of Governors of the Federal Reserve System
DefendantThe Clearing House Association L.L.C.
Documents
Docket
Complaint
Opinion/Order [31]
FOIA Project Annotation: District Court Judge Loretta Preska of the Southern District of New York has ordered the Federal Reserve to search for Remaining Term Reports listing outstanding loans made by the New York Federal Reserve Bank during the recent financial crisis after ruling that many of the Reports were records of the Federal Reserve even though they were physically located at the New York Federal Reserve Bank. She also found that none of the Reports were protected by either Exemption 4 (confidential business information) or Exemption 5 (privileges). Ruling in a case brought by Bloomberg, L.P, Preska has reached a nearly opposite conclusion to that reached by Judge Alvin Hellerstein of the Southern District several weeks ago when he ruled in favor of the Federal Reserve in a case brought by Fox News. In both cases, the Federal Reserve told the court that the records belonged to the New York Federal Reserve Bank and not the Federal Reserve itself and that any responsive Federal Reserve records would be protected by Exemption 4 and Exemption 5. But while Hellerstein agreed with the agency that most of the responsive records belonged to the New York Federal Reserve Bank, Preska concluded instead that the Federal Reserve controlled many responsive records located at the New York bank. Preska started by observing that the Board's FOIA regulations defined Board records as "all Board Records, including records that are in the possession or control of the Board, [or] any Federal Reserve Bank." However, a subsequent provision indicated that bank records qualified as Board records only if they were created or compiled "in the performance of functions for or on behalf of the Board that constitute part of the Boards official files" or that "are maintained for administrative reasons in the regular course of business in official files in any division or office of the Board or any Federal Reserve Bank in connection with the transaction of any official business." Preska pointed out that "the Board contends that 'for or on behalf of' actually means 'under delegated authority from the Board.' Bloomberg disagrees and contends that the Board's idiosyncratic interpretation should not be adopted." She then explained that "this disagreement need not be resolved because if a record is kept in the Board's official files at a FRB, the Secretary of the Board is its official custodian, regardless of its subject matter, and thus it qualifies as a Board 'agency record.'" She then pointed out that "the Board has not conducted an adequate search of its agency records because the Board did not search any FRNY records. In other words, the Board improperly withheld agency records in response to a FOIA request by conducting an inadequate search. The Board shall search forthwith records at the FRBNY that constitute 'Records of the Board' within the meaning [of the agency's FOIA regulation]. So long as records at the FRBNY satisfy the plain language meaning of [the regulation], they qualify as agency records of the Board and are subject to FOIA requests." Bloomberg also argued that the Board had constructive control of the records under the holding of Burka v. Dept of Health and Human Services, 87 F.3d 508 (D.C. Cir. 1996). Preska declined to go that far, pointing out that none of the Supreme Court's rulings on agency records "compel adoption of the constructive obtainment and control theory. . .This Court rejects the theory that all records in possession or control of the FRBNY qualify as agency records of the Board merely because the FRBNY may have acted on the Board's behalf. . .[T][he Board shall search only those records in the possession or control of the FRBNY that qualify as Board records pursuant to Board Regulations." Preska also rejected Bloomberg's claim that the New York Bank was an agency subject to FOIA. The Board called the issue irrelevant to the case and Preska partially agreed. She pointed out that "FOIA imposes on each federal agency an obligation to search only its own agency records. Bloomberg did not serve a FOIA request on the FRBNY. And Bloomberg does not contend that the FRBNY and the Board are actually one-and-the-same agency. As such, this Court agrees with the Board; Bloomberg's argument that the FRBNY is an agency for FOIA purposes has no bearing on the issue of the adequacy of the Board's search of its own agency records." However, she indicated that "it seems that the question of the FRBs' status as agencies is indeed relevant to the applicability of the two FOIA exemptions invoked by the Board in this action." Although Hellerstein in the Fox News decision agreed with the Board that any records pertaining to loan agreements were protected by Exemption 4 because the disclosure of such information would tend to show that the borrowers were in financial trouble, Preska concluded that the Board had neither shown that the information was obtained from a person nor that its disclosure would cause competitive harm. Preska rejected the characterization that the information in the Remaining Term Reports had been obtained from the borrowers. Instead, she noted that "the only information in the Remaining Term Reports that the FRBNY and other FRBs could possibly have obtained from the borrowers is the borrowers' names; the FRBs generated all the other information from internal data regarding their lending programs." She observed that "the information in the Remaining Term Reports relates more to the FRBNY's decisions to lend than to the information provided by the borrowers. While the Remaining Term Reports certainly include information about the FRBs interactions with the borrowers, it is a non sequitur to say that information about a person is obtained from that person." She then rejected the competitive harm argument, pointing out that the Board had not shown that "disclosure of the Remaining Term Reports will cause the borrowers to suffer imminent competitive harm from the affirmative use of the disclosed information by their competitors or to raise an issue of fact on this question. In fact, they say nothing about how borrowers' competitors will affirmatively use the information that borrowers participated in the Federal Reserve lending programs." She said allegations of a weakened condition were inadequate. She noted that "the risk of looking weak to competitors and shareholders is an inherent risk of market participation; information tending to increase that risk does not make the information privileged or confidential under Exemption 4. The Board would seemingly sweep within the scope of Exemption 4 all information about borrowers that anyone throughout the entire marketplace might consider to be negative. The Exemption cannot withstand such inflation." The Board also claimed that the Supreme Court's holding in Federal Open Market Committee v. Merrill, 443 U.S. 340 (1979), recognizing Federal Rule of Civil Procedure 26(c)(7), which provides a temporal privilege for confidential business information generated by the government, made the reports privileged for purposes of Exemption 5. Preska rejected the claim, noting that "the Merrill Court certainly did not intend to create a sweeping new privilege for any sensitive information, the immediate release of which would significantly harm the Government's monetary functions or commercial interests." She added that "while the Remaining Term Reports were circulated to the Board and FRBNY staff, the Reports do not contain any information remotely similar to the type of information discussed in Merrill: information that provides guidance or directives. Instead, they provide historic data."
Issues: Agency Record, Exemption 4 - Confidential business information, Exemption 5 - Privileges
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-11-071COMPLAINT against Board of Governors of the Federal Reserve System. (Filing Fee $ 350.00, Receipt Number 668300)Document filed by Bloomberg L.P.(ama) (Entered: 11/13/2008)
2008-11-07SUMMONS ISSUED as to Board of Governors of the Federal Reserve System, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 11/13/2008)
2008-11-07Magistrate Judge Ronald L. Ellis is so designated. (ama) (Entered: 11/13/2008)
2008-11-07Case Designated ECF. (ama) (Entered: 11/13/2008)
2008-11-072RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bloomberg L.P.(ama) (Entered: 11/13/2008)
2008-11-243AFFIDAVIT 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: 11/24/2008)
2008-11-254AMENDED 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: 11/26/2008)
2008-12-105ANSWER to Amended Complaint. Document filed by Board of Governors of the Federal Reserve System.(Mizusawa, Yvonne) (Entered: 12/10/2008)
2008-12-236INITIAL 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: 12/24/2008)
2009-01-237ENDORSED 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: 01/23/2009)
2009-02-268STIPULATION 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: 02/27/2009)
2009-03-049FILING 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: 03/04/2009)
2009-03-04***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)
2009-03-0510MOTION for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System.(Mizusawa, Yvonne) (Entered: 03/05/2009)
2009-03-0511MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/05/2009)
2009-03-0512DECLARATION 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: 03/05/2009)
2009-03-0513DECLARATION 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: 03/05/2009)
2009-03-0514DECLARATION 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: 03/05/2009)
2009-03-0515DECLARATION 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: 03/05/2009)
2009-03-0516DECLARATION 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: 03/05/2009)
2009-03-0517RULE 56.1 STATEMENT. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/05/2009)
2009-04-1518MOTION for Summary Judgment Bloomberg, L.P.'s Notice of Cross-Motion for Summary Judgment . Document filed by Bloomberg L.P..(Rose, Scott) (Entered: 04/15/2009)
2009-04-1519MEMORANDUM 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: 04/15/2009)
2009-04-1520DECLARATION 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: 04/15/2009)
2009-04-1521DECLARATION of Charles J. Glasser, Jr. in Opposition re: 10 MOTION for Summary Judgment.. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: 04/15/2009)
2009-04-1522DECLARATION 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: 04/15/2009)
2009-04-1523RULE 56.1 STATEMENT. Document filed by Bloomberg L.P.. (Rose, Scott) (Entered: 04/15/2009)
2009-04-1524RESPONSE 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: 04/15/2009)
2009-05-0125COUNTER STATEMENT TO 23 Rule 56.1 Statement. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 05/01/2009)
2009-05-0126REPLY 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: 05/01/2009)
2009-05-0827REPLY 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: 05/08/2009)
2009-07-2128ORDER 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: 07/21/2009)
2009-07-2329RESPONSE in Support re: 10 MOTION for Summary Judgment. Supplemental Brief . Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 07/23/2009)
2009-07-2830SUPPLEMENTAL 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: 07/28/2009)
2009-08-2431OPINION 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: 08/24/2009)
2009-08-24Transmission to Judgments and Orders Clerk. Transmitted re: 31 Opinion & Order, Set Deadlines/Hearings, to the Judgments and Orders Clerk. (jpo) (Entered: 08/24/2009)
2009-08-2632CLERK'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: 08/27/2009)
2009-08-27Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 8/27/2009. (mro) (Entered: 09/01/2009)
2009-08-2833STIPULATION 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: 08/28/2009)
2009-09-1137RESPONSE, the Clearing House does not have standing and cannot establish all of the requirements for intervention, and The Clearing House seeks to intervene in order to attempt impermissible to expand the record on appeal. For all of these reasons, Bloomberg would oppose a motion by The Clearing House to intervene. Document filed by Bloomberg L.P.. (mbe) (Entered: 09/21/2009)
2009-09-1438REPLY, on behalf of The Clearing House Association L.L.C. we respond to Plaintiff Bloomberg L.P.'s letter to the Court, dated September 11, 2009. As described in the Nelson Declaration, Clearing House members have participated in the Lending Programs with the clear understanding that the FRB's would not publicly disclose information about their participation, and Clearing House members required by the Order, the commercially sensitive information sought by Bloomberg. In opposing intervention, Bloomberg cannot rely on this Court's finding of fact that such disclosures will not result in such harm when that is one of the issues that the Clearing House wishes to appeal. Document filed by The Clearing House Association L.L.C.. (mbe) (Entered: 09/21/2009)
2009-09-1834ORDER: It is hereby ordered that the motion of the Clearing House to intervene is granted. The Clearing House shall provide in electronic form Mr. Giuffra's September 9, 2009 letter with attachments, and, because it constitutes the motion papers, the Clerk of the Court shall accept it for docketing. (Signed by Judge Loretta A. Preska on 9/17/2009) (jpo) (Entered: 09/18/2009)
2009-09-2135NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of The Clearing House Association L.L.C. (Giuffra, Robert) (Entered: 09/21/2009)
2009-09-2136NOTICE OF APPEARANCE by William J. Snipes on behalf of The Clearing House Association L.L.C. (Snipes, William) (Entered: 09/21/2009)
2009-09-2139MOTION to Intervene by Letter Filed Pursuant to Court's Order dated September 17, 2009 . Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Exhibit Certificate of Service)(Giuffra, Robert) (Entered: 09/21/2009)
2009-09-2140MEMORANDUM OF LAW in Support re: 39 MOTION to Intervene by Letter Filed Pursuant to Court's Order dated September 17, 2009 .. Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Exhibit Proposed Notice of Appeal)(Giuffra, Robert) (Entered: 09/21/2009)
2009-09-2141DECLARATION of Robert J. Giuffra, Jr. in Support re: 39 MOTION to Intervene by Letter Filed Pursuant to Court's Order dated September 17, 2009 .. Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Exhibit A, Part 1 of 3, # 2 Exhibit A, Part 2 of 3, # 3 Exhibit A, Part 3 of 3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, Part 1 of 2, # 8 Exhibit E, Part 2 of 2, # 9 Exhibit F)(Giuffra, Robert) (Entered: 09/21/2009)
2009-09-3042NOTICE OF APPEAL from 31 Memorandum & Opinion, 32 Clerk's Judgment,. Document filed by Board of Governors of the Federal Reserve System. (nd) (Entered: 09/30/2009)
2009-09-30Transmission of Notice of Appeal to the District Judge re: 42 Notice of Appeal. (nd) (Entered: 09/30/2009)
2009-09-30Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 42 Notice of Appeal. (nd) (Entered: 09/30/2009)
2009-09-30Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 39 MOTION to Intervene by Letter Filed Pursuant to Court's Order dated September 17, 2009 . filed by The Clearing House Association L.L.C., 15 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 12 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 4 Amended Complaint, filed by Bloomberg L.P., 21 Declaration in Opposition to Motion filed by Bloomberg L.P., 41 Declaration in Support of Motion, filed by The Clearing House Association L.L.C., 42 Notice of Appeal filed by Board of Governors of the Federal Reserve System, 33 Stipulation and Order, Set Deadlines/Hearings,,,,,,,, 34 Order, Terminate Motions,, 11 Memorandum of Law in Support of Motion filed by Board of Governors of the Federal Reserve System, 3 Affidavit of Service Complaints, filed by Bloomberg L.P., 13 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 6 Order for Initial Pretrial Conference, 28 Order,,,, 10 MOTION for Summary Judgment. filed by Board of Governors of the Federal Reserve System, 18 MOTION for Summary Judgment /Defendant Bloomberg, L.P.'s Notice of Cross-Motion for Summary Judgment . filed by Bloomberg L.P., 17 Rule 56.1 Statement filed by Board of Governors of the Federal Reserve System, 14 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 31 Memorandum & Opinion, Set Deadlines/Hearings,,,, 35 Notice of Appearance filed by The Clearing House Association L.L.C., 8 Stipulation and Order,,, 40 Memorandum of Law in Support of Motion, filed by The Clearing House Association L.L.C., 36 Notice of Appearance filed by The Clearing House Association L.L.C., 29 Response in Support of Motion filed by Board of Governors of the Federal Reserve System, 20 Declaration in Opposition to Motion,,,, filed by Bloomberg L.P., 30 Memorandum of Law in Support of Motion, filed by Bloomberg L.P., 26 Reply Memorandum of Law in Oppisition to Motion, filed by Board of Governors of the Federal Reserve System, 2 Rule 7.1 Corporate Disclosure Statement filed by Bloomberg L.P., 24 Response filed by Bloomberg L.P., 16 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 25 Counter Statement to Rule 56.1 filed by Board of Governors of the Federal Reserve System, 22 Declaration in Opposition to Motion filed by Bloomberg L.P., 5 Answer to Amended Complaint filed by Board of Governors of the Federal Reserve System, 7 Endorsed Letter, Set Deadlines/Hearings,, 19 Memorandum of Law in Opposition to Motion filed by Bloomberg L.P., 32 Clerk's Judgment, 1 Complaint filed by Bloomberg L.P., 27 Reply Memorandum of Law in Support of Motion filed by Bloomberg L.P. were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/30/2009)
2009-09-3043NOTICE OF APPEAL from 34 Order, Terminate Motions,, 31 Memorandum & Opinion, Set Deadlines/Hearings, 32 Clerk's Judgment,. Document filed by The Clearing House Association L.L.C.. Filing fee $ 455.00, receipt number E 701821. (nd) (Entered: 10/01/2009)
2009-10-01Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 43 Notice of Appeal. (nd) (Entered: 10/01/2009)
2009-10-01Transmission of Notice of Appeal to the District Judge re: 43 Notice of Appeal. (nd) (Entered: 10/01/2009)
2009-10-0144ENDORSED LETTER addressed to Judge Loretta A. Preska from Yvonne F. Mizusawa dated 10/1/09 re: counsel for defendant writes to the Court that the Clerk of the Second Circuit Court of Appeals has requested guidance from this Court with respect to this Courts August 28,2009 Stipulation and Order Staying Order of August 24, 2009 ("Stay Order"). The Stay Order provides that "[t]he Board shall file its notice of appeal accompanied by an emergency stay application within (3) business days after it is authorized to do so~ but in no event later than September 30, 2009...." The Stay Order further provides that "[t]he Court's August 24th Order is hereby stayed pending the outcome of the emergency stay application in the Court of Appeals." The Second Circuit docketed the appeal (09 cv 4083) on October 1, 2009 when paper copies of the Notice of Appeal were received from the Clerk of the Southern District. Because the notice of appeal was filed with the Southern District on September 30, 2009, and because the Emergency Stay Motion was received by the Second Circuit and the parties on September 30th in electronic from, we believe that the Board has complied with the Stay Order and that, by its terms, the Stay Order continues in effect until the outcome of the Emergency Stay Motion in the Court of Appeals. We would ask that you confirm this understanding by endorsing this letter, which we will provide to the Clerk of the Second Circuit and the parties. ENDORSEMENT: So Confirmed. So Ordered. (Signed by Judge Loretta A. Preska on 10/1/09) (pl) (Entered: 10/01/2009)
2011-03-2445MANDATE of USCA (Certified Copy) as to 43 Notice of Appeal filed by The Clearing House Association L.L.C., 42 Notice of Appeal filed by Board of Governors of the Federal Reserve System USCA Case Number 09-4083-cv, 09-4097-cv (con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/23/2011. (nd) (Entered: 03/24/2011)
2011-03-24Transmission of USCA Mandate/Order to the District Judge re: 45 USCA Mandate,. (nd) (Entered: 03/24/2011)
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