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Case TitleFox News Network, LLC v. Board of Governors of the Federal Reserve System
DistrictSouthern District of New York
CityFoley Square
Case Number1:2009cv00272
Date Filed2009-01-12
Date Closed2009-07-31
JudgeJudge Alvin K. Hellerstein
PlaintiffFox News Network, LLC
DefendantBoard of Governors of the Federal Reserve System
Documents
Docket
Complaint
Opinion/Order [33]
FOIA Project Annotation: A federal court in New York has ruled that information about loans made by Federal Reserve Banks through their overnight Discount Window during the financial bailout is protected in its entirety by Exemption 4 (confidential business information). Judge Alvin Hellerstein first explained the balance in the banking system between federal oversight and management and private lending institutions, pointing out that the Federal Reserve was establishing national policy, but that the policy is implemented by the individual Federal Reserve Banks. Fox News requested the information from the Federal Reserve, which found 6,186 responsive pages, withholding them under Exemption 4 and Exemption 5 (privileges). Fox sued, challenging not only the exemptions but the adequacy of the search as well. Fox argued that the Board should have searched Federal Reserve Bank records because the FRBs act on behalf of the Board when they implement monetary policy and that records generated by the FRBs in connection with the facilities are Board records. But Hellerstein pointed out that "to read the statute as defining all FRB records as Board records goes against the fundamental importance of autonomy, autonomy which was the cornerstone of the Federal Reserve System's success." He agreed with the Board's interpretation that FRB records were Board records only when they reflected delegated functions or when they were held at an FRB for the Board's "administrative reasons." Fox argued that none of the Federal Reserve Banks had FOIA offices so the Federal Reserve Board was the only entity set up to process FOIA requests. Hellerstein found this irrelevant to the issue of custody, noting that "whether or not this is so, it does not alter the fact that Fox served its requests only upon the Board and that the definition of a Board record is limited by statute." Hellerstein ruled that an unopened PDF attachment of data from the New York Federal Reserve Bank to the Board was an agency record. The agency said the record had not been used or even seen by anyone at the Board. But Hellerstein pointed out that "the attachment was both obtained by the agency and within the agency's control 'at the time of the FOIA request.' It was kept and not deleted. That no staff or Board member thought to open the attachment does not negate its status as a record. Documents, and their attachments, are records whether or not an employee's eye passed over every section or page." Hellerstein then turned to the Exemption 4 claim. He noted that "because the borrower's name, the amount it must borrow, and the property it volunteers to provide as collateral is information that originated with the borrower and is reflected in the data Fox seeks, I hold that it was 'obtained from' the borrower." He then concluded that disclosure would harm Board program effectiveness. He explained that "those institutions that borrow at the Discount Window, as well as the other facilities mentioned in Fox's FOIA request, do so with the understanding that the loan is confidential. . .[T]he Board asserts that borrowers would be less likely to use their facilities, if the transactions were not confidential." Accepting the Exemption 4 claim, Hellerstein observed that "in essence, borrowers would view taking such last-resort, publicly disclosed loans as unwise because it would stigmatize the company and lead to a, perhaps false, belief that the company is in financial trouble. This would undermine the Board's mandate to provide stability to markets, especially during a financial crisis."
Issues: Exemption 4 - Obtained from a person, Exemption 4 - Confidential business information
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-01-121COMPLAINT against Board of Governors of the Federal Reserve System. (Filing Fee $ 350.00, Receipt Number 674452)Document filed by Fox News Network, LLC.(ama) (Entered: 01/13/2009)
2009-01-12SUMMONS ISSUED as to Board of Governors of the Federal Reserve System, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 01/13/2009)
2009-01-12Magistrate Judge Kevin Nathaniel Fox is so designated. (ama) (Entered: 01/13/2009)
2009-01-12Case Designated ECF. (ama) (Entered: 01/13/2009)
2009-01-122RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fox Entertainment Group, Inc. and News Corporation as Corporate Parent. Document filed by Fox News Network, LLC.(ama) (Entered: 01/13/2009)
2009-01-213AFFIDAVIT OF SERVICE. Board of Governors of the Federal Reserve System served on 1/13/2009, answer due 3/16/2009. Service was accepted by Civil Processing Clerk. Service was made by Mail. Document filed by Fox News Network, LLC. (Ostensen, Paul) (Entered: 01/21/2009)
2009-01-266TRANSCRIPT of proceedings held on 1/22/09 before Judge Alvin K. Hellerstein. (ama) (Entered: 02/27/2009)
2009-01-274STIPULATION AND ORDER: 1. On or before February 19, 2009, defendant shall answer the complaint and provide Vaughn indexes (Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973) for both of plaintiffs Freedom of Information Act ("FOIA")requests (FOIA request no. 200910073 dated November 10, 2008, and FOIA request no. 2009100106 dated November 18, 2008). 2. Defendant hereby waives all objections to subject matter jurisdiction and any claim that plaintiff failed to exhaust its administrative remedies. Plaintiff hereby withdraws its administrative appeal of FOIA request no. 2009100106 filed with defendant on or about January 19, 2009. Plaintiff hereby withdraws its Motion for Preliminary Injunction and Order to Show Cause filed with the Com on January 15, 2009. 3. The parties shall meet face-to-face on February 25, 2009, at the offices of Mintz & Gold LLP, for no less than two hours, to discuss defendant's Vaughn indexes 4. The last day for the parties 10 cross-move for summary judgment is March 27, 2009. 5. Opposition papers to the cross-motions arc due on April 17, 2009. So Ordered (Signed by Judge Alvin K. Hellerstein on 1/26/09) (js) (Entered: 01/27/2009)
2009-02-195ANSWER to Complaint. Document filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Appendix Vaughn Index to First FOIA Request, # 2 Appendix Vaughn Index to Second FOIA Request)(Mizusawa, Yvonne) (Entered: 02/19/2009)
2009-03-047ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Steven G. Mintz dated 3/3/09 re: Counsel for Plaintiff request an immediate conference to discuss the refusal by the Board of Governors of the Federal Reserve System to search the records of the twelve Federal Reserve Banks--even though the Board's counsel acknowledged during the 2/25/09 court-ordered meeting that the FRBs have records that are responsive to Fox Business's expedited FOIA requests. ENDORSEMENT: The request for a conference is denied. The procedure to revise disputes is described is my Individual Rule 2E. Proceeding under the Federal Rules of Civil Procedure is also appropriate. I do not entertain letters from one attorney complaining about another attorney or party. (Signed by Judge Alvin K. Hellerstein on 3/4/09) (tro) (Entered: 03/04/2009)
2009-03-278MOTION for Summary Judgment. Document filed by Fox News Network, LLC. Responses due by 4/17/2009(Mintz, Steven) (Entered: 03/27/2009)
2009-03-279RULE 56.1 STATEMENT. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009)
2009-03-2710DECLARATION of STEVEN G. MINTZ, ESQ. in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit 1 (Fed Reserve Ltr 11/10/2008), # 2 Exhibit 2 (11/18/2008 Becker Letter), # 3 Exhibit 3 (Jan. 16, 2009 FOIA Response Ltr), # 4 Exhibit 4 (11/18/2008 Fox Business 2nd FOIA Request), # 5 Exhibit 5 (11/20/2008 Fed Res Ltr re 2nd FOIA), # 6 Exhibit 6 (12/1/2008 Fed Res Ltr), # 7 Exhibit 7 (12/18/2008 Fed Res Ltr), # 8 Exhibit 8 (Jan 6, 2009 Fed Res Ltr), # 9 Exhibit 9 (Fox News Complaint), # 10 Exhibit 10 (Answer), # 11 Exhibit 11 (Stipulation and Order), # 12 Exhibit 12 (Vaughn Index - First FOIA Req), # 13 Exhibit 13 (Vaughn Index - Second FOIA))(Mintz, Steven) (Entered: 03/27/2009)
2009-03-2711DECLARATION of CARLOTTA CASSIDY in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009)
2009-03-2712MEMORANDUM OF LAW in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009)
2009-03-2713MOTION for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System.(Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2714MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2715DECLARATION of Lorie K. Logan in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2716DECLARATION of Susan E. McLaughlin in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2717DECLARATION of Christopher R, Burke in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2718DECLARATION of Anne F. Baum in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2719DECLARATION of Brian F. Madigan in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2720DECLARATION of Alison M. Thro in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2721DECLARATION of Jacqueline P. Palladino in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-03-2722RULE 56.1 STATEMENT. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009)
2009-04-1723MEMORANDUM OF LAW in Opposition re: 8 MOTION for Summary Judgment. Defendant Board of Governors of the Federal Reserve System's Opposition to Plaintiff's Motion for Summary Judgment . Document filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Exhibit 1 - Alison Thro Declaration)(Mizusawa, Yvonne) (Entered: 04/17/2009)
2009-04-1724DECLARATION of TERENCE W. McCORMICK, ESQ. in Opposition re: 13 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Attachments: # 1 Exhibit 1 (JPMorgan Chase Report on Form 10-K), # 2 Exhibit 2 (Citigroup Annual Report on Form 10-K), # 3 Exhibit 3 (Merrill Lynch Annual Report on Form 10-K), # 4 Exhibit 4 (Treasury Dep't TARP Transaction Report))(McCormick, Terence) (Entered: 04/17/2009)
2009-04-1725COUNTER STATEMENT TO 22 Rule 56.1 Statement. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 04/17/2009)
2009-04-1726MEMORANDUM OF LAW in Opposition re: 13 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 04/17/2009)
2009-04-2727NOTICE OF APPEARANCE by Terence William McCormick on behalf of Fox News Network, LLC (McCormick, Terence) (Entered: 04/27/2009)
2009-04-2928ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Yvonne F. Mizusawa dated April 22, 2009, re: Pursuant to the Court's individual rule 1 (D), defendant, the Board of Governors of the Federal Reserve System, requests an extension of time to file Defendant's Response to Plaintiff's Statement of Material Facts Not in Dispute, as required by Local. Rule 56.l(b) of the Southern District of New York ("Defendant's Response"). ENDORSEMENT: Leave to Def'ts to file late is granted. (Signed by Judge Alvin K. Hellerstein on 4/29/2009) (rw) (Entered: 04/30/2009)
2009-04-3029COUNTER STATEMENT TO 9 Rule 56.1 Statement. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 04/30/2009)
2009-04-3030REPLY MEMORANDUM OF LAW in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 04/30/2009)
2009-04-3031REPLY MEMORANDUM OF LAW in Opposition re: 26 Memorandum of Law in Opposition to Motion for Summary Judgment . Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 04/30/2009)
2009-06-1632TRANSCRIPT of proceedings held on 5/19/2009 before Judge Alvin K. Hellerstein. (jfe) (Entered: 06/17/2009)
2009-07-3033OPINION AND ORDER SUBSTANTIALLY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT: For the reasons stated above, I hold that Exemption 4 exempts disclosure of the responsive documents that the Board located in its search. Accordingly, I grant the Board's motion for summary judgment and deny Fox's motion, except that the Board must conduct an additional search of the unopened attachment and make appropriate disclosures. The Clerk shall mark motions Nos. 8 & 13 as terminated and close the case, subject to reopening within sixty days for matters relating to the remaining search. (Signed by Judge Alvin K. Hellerstein on 7/30/2009) (jfe) (Entered: 07/30/2009)
2009-07-30Transmission to Judgments and Orders Clerk. Transmitted re: 33 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (jfe) (Entered: 07/30/2009)
2009-07-3134CLERK'S JUDGMENT:#97855 That for the reasons stated in the Court's Opinion and Order dated July 30, 2009, the Board's motion for summary judgment is granted, and Fox's motion is denied, except that the Board must conduct an additional search of the unopened attachment and make appropriate disclosures; accordingly, the case is closed, subject to reopening within sixty days of the Opinion and Order dated July 30, 2009 for matters relating to the remaining search. (Signed by J. Michael McMahon, clerk on 7/31/09) (Attachments: # 1 notice of right to appeal)(ml) Modified on 8/10/2009 (jab). (Entered: 08/03/2009)
2009-08-2635DECLARATION of Alison M. Thro in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 08/26/2009)
2009-09-0236AMENDED JUDGMENT amending 34 Clerk's Judgment, that for the reasons stated in the July 30 Order, the Board's motion for summary judgment is granted in its entirety, and the motion of plaintiff for summary judgment is denied, and this amended judgment supersedes the Judgment entered August 3, 2009, and shall constitute the Final Judgment in this action, which shall be, and hereby is, closed. (Signed by Judge Alvin K. Hellerstein on 9/1/09) (Attachments: # 1 notice of right to appeal)(ml) Modified on 9/3/2009 (ml). (Entered: 09/02/2009)
2009-09-0937NOTICE OF APPEAL from 34 Clerk's Judgment,, 36 Amended Judgment,, 33 Memorandum & Opinion,,. Document filed by Fox News Network, LLC. Filing fee $ 455.00, receipt number E 699263. (nd) (Entered: 09/09/2009)
2009-09-09Transmission of Notice of Appeal to the District Judge re: 37 Notice of Appeal. (nd) (Entered: 09/09/2009)
2009-09-09Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 37 Notice of Appeal. (nd) (Entered: 09/09/2009)
2009-09-22USCA Case Number 09-3795-cv from the USCA 2nd Circuit assigned to 37 Notice of Appeal filed by Fox News Network, LLC. (tp) (Entered: 09/22/2009)
2009-10-06Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 15 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 21 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 8 MOTION for Summary Judgment, filed by Fox News Network, LLC, 14 Memorandum of Law in Support of Motion filed by Board of Governors of the Federal Reserve System, 23 Memorandum of Law in Opposition to Motion, filed by Board of Governors of the Federal Reserve System, 16 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 18 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 1 Complaint filed by Fox News Network, LLC, 30 Reply Memorandum of Law in Support of Motion filed by Fox News Network, LLC, 29 Counter Statement to Rule 56.1 filed by Board of Governors of the Federal Reserve System, 17 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 34 Clerk's Judgment, 36 Amended Judgment, 27 Notice of Appearance filed by Fox News Network, LLC, 35 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 3 Affidavit of Service as to USA filed by Fox News Network, LLC, 28 Endorsed Letter, 19 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 10 Declaration in Support of Motion, filed by Fox News Network, LLC, 20 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 5 Answer to Complaint filed by Board of Governors of the Federal Reserve System, 33 Memorandum & Opinion, 26 Memorandum of Law in Opposition to Motion filed by Fox News Network, LLC, 9 Rule 56.1 Statement filed by Fox News Network, LLC, 13 MOTION for Summary Judgment. filed by Board of Governors of the Federal Reserve System, 2 Rule 7.1 Corporate Disclosure Statement filed by Fox News Network, LLC, 37 Notice of Appeal filed by Fox News Network, LLC, 7 Endorsed Letter, 11 Declaration in Support of Motion filed by Fox News Network, LLC, 24 Declaration in Opposition to Motion, filed by Fox News Network, LLC, 12 Memorandum of Law in Support of Motion filed by Fox News Network, LLC, 22 Rule 56.1 Statement filed by Board of Governors of the Federal Reserve System, 25 Counter Statement to Rule 56.1 filed by Fox News Network, LLC, 4 Stipulation and Order, Set Deadlines/Hearings, 31 Reply Memorandum of Law in Oppisition filed by Board of Governors of the Federal Reserve System USCA Case Number 09-3795-cv, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/06/2009)
2009-10-0938First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 37 Notice of Appeal filed by Fox News Network, LLC USCA Case Number 09-3795-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 10/13/2009)
2011-01-3139ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Tara M. Lamorte dated 1/26/11 re: The Board's motion concerning Exemption 8, if any, would be filed on March 4, 2011. Fox's opposition would be due on March 25, 2011, and the Board's reply due on April 6, 2011. The parties would be available for oral argument the week of April 25 (except April 25th) or the week of May 2. ENDORSEMENT: So Ordered. Oral Argument will be held May 3, at 3:00 pm. (Motions due by 3/4/2011. Responses due by 3/25/2011. Replies due by 4/6/2011. Oral Argument set for 5/3/2011 at 03:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/27/11) (db) (Entered: 01/31/2011)
2011-03-2340STIPULATION AND ORDER OF SETTLEMENT: The Board agrees that because the Supreme Court of the United States has denied the Writ of Certiorari the Board will make available to Fox Business all of the information listed in the Vaughn Indexes within ten (10) calendar days after such denial. The Board agrees that the release of information to Fox Business will occur either before or simultaneously with, but not later than, the release of the information to any and all third parties. Fox Business agrees that the Board shall not be required, upon remand, to perform the additional searches described in Part I of the Second Circuit's March 19,2010 opinion, and that Fox Business further waives further review by this Court of the scope of its FOIA Requests pursuant to Part II of the Second Circuit's March 19,2010 opinion. (Signed by Judge Alvin K. Hellerstein on 3/23/2011) (jpo) Modified on 3/23/2011 (jpo). (Entered: 03/23/2011)
2011-03-2341ENDORSED LETTER addressed to Judge ALvin K. Hellerstein from Steven G. Mintz dated 3/22/2011 re: Requesting that the Court so-order the enclosed stipulations between the parties which resolve the outstanding issues in both actions and provide for the timing for Fox News's possible motions for attorney's fees, under 5 U.S.C.552 (a)(4)(E). In addition, we request that the Court cancel the status conference in Fox II that is scheduled for April 15, 2011. ENDORSEMENT: Canceled. Your filing of the stipulations ordered this date, and except for a motion regarding attorneys' fees, the Clerk shall close the file. (Signed by Judge Alvin K. Hellerstein on 3/23/2011) (jpo) (Entered: 03/23/2011)
2011-03-2542MANDATE of USCA (Certified Copy) as to 37 Notice of Appeal filed by Fox News Network, LLC USCA Case Number 09-3795-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED to the District Court in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/25/2011. (nd) (Entered: 03/25/2011)
2011-03-25Transmission of USCA Mandate/Order to the District Judge re: 42 USCA Mandate,. (nd) (Entered: 03/25/2011)
2011-05-1043ENDORSED LETTER addressed to Judge Alvin K. Hellerstein, from Steven G. Mintz dated 5/9/2011 re: The parties respectfully request that Your Honor so-order the enclosed judgment in Fox I. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/10/2011) (jfe) Modified on 5/16/2011 (jfe). (Entered: 05/11/2011)
2011-05-1044JUDGMENT that for the reasons stated in the decision of the United States Court of Appeals for the Second Circuit, the Board's motion for summary judgment is denied and Plaintiff's cross-motion for summary judgment is granted, except insofar as the Court of Appeals had instructed this Court to conduct further proceedings on remand, which proceedings the parties have by stipulation agreed to forego; accordingly the case is closed, without prejudice to the Court's future consideration of Plaintiff's application for attorney's fees and costs, if necessary, and all other post-judgment proceedings. (Signed by Judge Alvin K. Hellerstein on 5/10/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 05/11/2011)
2011-06-1745ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Steven G. Mintz dated 6/16/11 re: Request for an extension of the deadline within which the plaintiff must file its fee motions under section 552(A)(4)(E) of FOIA. The motions are currently due to be filed on or before July 8, 2011. The parties respectfully request that the deadline be adjourned until August 11, 2011. ENDORSEMENT: So ordered. (Motions due by 8/11/2011.) (Signed by Judge Alvin K. Hellerstein on 6/17/11) (rjm) (Entered: 06/17/2011)
2011-07-2846STIPULATION AND ORDER OF SETTLEMENT: IT IS HEREBY STIPULATED AND AGREED, as follows: 1. The Board shall pay to Fox Business the sum of $484,000.00 in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Fox Business and its counsel agree to accept as full payment of any attorneys' fees and costs Fox Business has incurred with respect to this action. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (Signed by Judge Alvin K. Hellerstein on 7/28/2011) (jfe) (Entered: 07/29/2011)
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