Case Detail

FOIA Project Annotation: A federal court in New York has ruled that while some records pertaining to three Maiden Lane LLCs, which were provided loans by the Federal Reserve Bank in New York pursuant to authorization by the Federal Reserve Board are agency records under prong one of the agency's records regulations because they pertain to the performance or functions of the Board, others do not qualify as agency records because they were not maintained for administrative reasons. Daniel Junk requested records about the three Maiden Lane LLCs. The agency denied his request, claiming they were records of the New York Federal Reserve Bank and not of the Federal Reserve Board. Judge Denise Cote found the records qualified under prong one. Cote observed that "the Board authorized the loans in question during the 2008 financial crisis, under conditions of severe economic distress. Their issuance resulted in information coming into the possession of the Board and/or an FRB 'in the performance of functions for or on behalf of the Board.' As such, under prong one of the regulations, records in 'the possession and under the control of' the FRBNY concerning these loans are Board records." But Cote pointed out that the records did not qualify under prong two. Cote indicated that "the Board has carried its burden of showing that the transactional records concerning the Maiden Lane LLC loans that Junk requests are not managerial or supervisory documents 'maintained for administrative reasons in the regular course of business.' Thus, they are not Board records under prong two of the regulation and the Board need not conduct a search for the requested documents among its administrative records."
Issues: Agency Record

FOIA Project Annotation: A federal court in New York has ruled that the Federal Reserve conducted an adequate search for records concerning three Maiden Lane LLCs, created during the 2008 financial debacle and closed in 2012. Daniel Junk requested the records, identifying them with a Committee on Unform Security Identification Procedures (CUSIP) number. The Federal Reserve told Junk that it would not conduct a search because they were not agency records of the Federal Reserve but of the Federal Reserve Bank of New York. Junk appealed the agency records decision to the Second Circuit. While the case was pending before the Second Circuit, the Federal Reserve asked the FRBNY to conduct a search for the records requested by Junk. That search yielded no records. The Second Circuit remanded the case back to the district court to assess the adequacy of the agency's search. Judge Denise Cote found that the Federal Reserve had now shown that it conducted an adequate search through the search conducted by FRBNY. Junk argued that the search was insufficient because FRBNY had reviewed only three spreadsheets. However, Cote noted that "the FRBNY made reasonable decisions about what record systems were likely to contain documents responsive to Junk's request. Junk's request identified the records associated with one of the Maiden Lane entities and included a CUSIP number. The appropriate records custodian identified the spreadsheets as the documents that contained all CUSIP numbers for transactions associated with Maiden Lane entities and personally conducted the search. The size of the Maiden Lane loans does not render those decisions unreasonable or indicate that the search was inadequate."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-01-14	1	COMPLAINT against Board Of Governors Of The Federal Reserve System.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16187869)Document filed by Daniel L. Junk. (Attachments: # 1 Civil Cover Sheet)(Dito, Frank) (Entered: 01/14/2019)
2019-01-15	2	REQUEST FOR ISSUANCE OF SUMMONS as to Board of Governors of the Federal Reserve System, re: 1 Complaint. Document filed by Daniel L. Junk. (Dito, Frank) (Entered: 01/15/2019)
2019-01-15		***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Frank J. Dito, Jr.. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) (Entered: 01/15/2019)
2019-01-15		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (dnh) (Entered: 01/15/2019)
2019-01-15		Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (dnh) (Entered: 01/15/2019)
2019-01-15		Case Designated ECF. (dnh) (Entered: 01/15/2019)
2019-01-15	3	ELECTRONIC SUMMONS ISSUED as to Board Of Governors Of The Federal Reserve System.. (dnh) (Entered: 01/15/2019)
2019-01-15	4	CIVIL COVER SHEET filed. (Dito, Frank) (Entered: 01/15/2019)
2019-01-24	5	NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 3/29/2019 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 1/23/2019) (gr) (Entered: 01/24/2019)
2019-02-19	6	NOTICE OF APPEARANCE by Sharanya Mohan on behalf of Board Of Governors Of The Federal Reserve System.. (Mohan, Sharanya) (Entered: 02/19/2019)
2019-02-19	7	CONSENT LETTER MOTION for Extension of Time to respond to complaint addressed to Judge Denise L. Cote from Sharanya Mohan dated February 19, 2019. Document filed by Board Of Governors Of The Federal Reserve System..(Mohan, Sharanya) (Entered: 02/19/2019)
2019-02-20	8	ORDER granting Government's 7 Letter Motion for Extension of Time to respond to the complaint by 3/20/2019. (Signed by Judge Denise L. Cote on 2/19/2019) (gr) (Entered: 02/20/2019)
2019-03-20	9	ANSWER to 1 Complaint. Document filed by Board Of Governors Of The Federal Reserve System..(Mohan, Sharanya) (Entered: 03/20/2019)
2019-03-25	10	JOINT LETTER MOTION to Adjourn Conference and approve of the parties' proposed briefing schedule in FOIA matter addressed to Judge Denise L. Cote from Sharanya Mohan dated March 25, 2019. Document filed by Board Of Governors Of The Federal Reserve System..(Mohan, Sharanya) (Entered: 03/25/2019)
2019-03-25	11	ENDORSED LETTER addressed to Judge Denise L. Cote from Sharanya Mohan, Assistant U.S. Attorney, dated 3/25/2019 re: the parties respectfully request that the Court approve the proposed briefing schedule summary judgment motions and adjourn the initial pretrial conference. ENDORSEMENT: Granted. The March 29 conference is cancelled. (The Board's motion for summary judgment and to dismiss for improper venue due by 4/29/19; Plaintiff's opposition and cross-motion for summary judgment due by 5/29/19; The Board's opposition and reply due by 6/14/19; Plaintiff's reply due by 7/3/19.) (Signed by Judge Denise L. Cote on 3/25/2019) (gr) (Entered: 03/25/2019)
2019-04-29	12	MOTION to Dismiss for lack of jurisdiction and venue or for summary judgment . Document filed by Board Of Governors Of The Federal Reserve System..(Mohan, Sharanya) (Entered: 04/29/2019)
2019-04-29	13	DECLARATION of David G. Caperton in Support re: 12 MOTION to Dismiss for lack of jurisdiction and venue or for summary judgment .. Document filed by Board Of Governors Of The Federal Reserve System.. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - May 21, 2018 Letter, # 3 Exhibit C - June 6, 2018 Letter, # 4 Exhibit D - June 25, 2018 Letter, # 5 Exhibit E - January 22, 2019 Letter)(Mohan, Sharanya) (Entered: 04/29/2019)
2019-04-29	14	MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss for lack of jurisdiction and venue or for summary judgment . . Document filed by Board Of Governors Of The Federal Reserve System.. (Mohan, Sharanya) (Entered: 04/29/2019)
2019-05-29	15	CROSS MOTION for Summary Judgment . Document filed by Daniel L. Junk. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Dito, Frank) (Entered: 05/29/2019)
2019-06-05	16	CONSENT LETTER MOTION for Extension of Time for remaining summary judgment deadlines addressed to Judge Denise L. Cote from Sharanya Mohan dated June 5, 2019. Document filed by Board Of Governors Of The Federal Reserve System..(Mohan, Sharanya) (Entered: 06/05/2019)
2019-06-06	17	ORDER granting 16 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 6/6/2019) (ks) (Entered: 06/06/2019)
2019-06-06		Set/Reset Deadlines: Responses due by 6/28/2019 Replies due by 7/17/2019. (ks) (Entered: 06/06/2019)
2019-06-28	18	MEMORANDUM OF LAW in Opposition re: 15 CROSS MOTION for Summary Judgment . and reply in further support of Defendant's motion to dismiss or, in the alternative, for summary judgment . Document filed by Board Of Governors Of The Federal Reserve System.. (Attachments: # 1 Exhibit A - Thro Declaration)(Mohan, Sharanya) (Entered: 06/28/2019)
2019-07-15	19	REPLY MEMORANDUM OF LAW in Support re: 15 CROSS MOTION for Summary Judgment . . Document filed by Daniel L. Junk. (Dito, Frank) (Entered: 07/15/2019)
2019-08-12	20	PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Board Of Governors Of The Federal Reserve System.. (Mohan, Sharanya) (Entered: 08/12/2019)
2019-08-13	21	CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Defendant substitutes Monica Pilar Folch, State Bar No. 4583662 as counsel of record in place of Sharanya Mohan. The substitution of attorney is hereby approved and so ORDERED. Attorney Monica Pilar Folch for Board Of Governors Of The Federal Reserve System. added. Attorney Sharanya Mohan terminated. (Signed by Judge Denise L. Cote on 8/13/2019) (jca) (Entered: 08/13/2019)
2019-08-29	22	OPINION AND ORDER......The Boards April 29, 2019 motion to dismiss is denied. The Boards April 29 motion for summary judgment is granted in part. Junks May 29 motion for summary judgment is granted in part. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 8/29/2019) (gr) (Entered: 08/29/2019)
2019-09-27	23	NOTICE OF APPEAL from 22 Memorandum & Opinion,. Document filed by Daniel L. Junk. Filing fee $ 505.00, receipt number ANYSDC-17678045. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dito, Frank) (Entered: 09/27/2019)
2019-09-27		Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 23 Notice of Appeal. (nd) (Entered: 09/27/2019)
2019-09-27		Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 23 Notice of Appeal filed by Daniel L. Junk were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/27/2019)
2019-10-01		USCA Case Number 19-3125 from the U.S.C.A. - 2nd Circ. assigned to 23 Notice of Appeal filed by Daniel L. Junk. (nd) (Entered: 10/01/2019)
2019-10-28	24	FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Board Of Governors Of The Federal Reserve System.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Folch, Monica) Modified on 10/29/2019 (tp). (Entered: 10/28/2019)
2019-10-28		***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Folch, Monica to RE-FILE Document No. 24 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) (Entered: 10/28/2019)
2019-10-28	25	CORRECTED NOTICE OF APPEAL re: 24 Notice of Appeal, 22 Memorandum & Opinion,. Document filed by Board Of Governors Of The Federal Reserve System.. (Folch, Monica) (Entered: 10/28/2019)
2019-10-29		Appeal Fee Not Required for 25 Corrected Notice of Appeal. Appeal filed by U.S. Government. (tp) (Entered: 10/29/2019)
2019-10-29		Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 25 Corrected Notice of Appeal. (tp) (Entered: 10/29/2019)
2019-10-29		Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 25 Corrected Notice of Appeal filed by Board Of Governors Of The Federal Reserve System. were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/29/2019)
2020-02-26	26	MANDATE of USCA (Certified Copy) as to 24 Notice of Appeal, filed by Board Of Governors Of The Federal Reserve System., 25 Corrected Notice of Appeal filed by Board Of Governors Of The Federal Reserve System. USCA Case Number 19-3125(L); 19-3606(XAP) . Counsel for Appellee-Cross Appellant has filed a scheduling notification pursuant to the Court's Local Rule 31.2, setting February 18, 2020 as the brief/appendix filing date. The date selected exceeds the time allowed by the Rule. IT IS HEREBY ORDERED that Appellee-Cross Appellant's brief must be filed on or before February 11, 2020. The cross-appeal under docket no. 19-3606(XAP) will be dismissed effective February 11, 2020 if the brief is not filed by that date. A motion to extend the time to file the brief or to seek other relief will not toll the filing date. See Local Rule 27.1(f)(1); cf. RLI Insurance Co. v. JDJ Marine, Inc. , 716 F.3d 41, 43-45 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/26/2020..(tp) Modified on 2/26/2020 (tp). (Entered: 02/26/2020)
2020-02-26		Transmission of USCA Mandate/Order to the District Judge re: 26 USCA Mandate. (tp) (Entered: 02/26/2020)
2020-06-24	27	TRUE COPY ORDER of USCA as to 25 Corrected Notice of Appeal filed by Board Of Governors Of The Federal Reserve System., 23 Notice of Appeal filed by Daniel L. Junk. USCA Case Number 19-3125 (L), 19-3606 (XAP). Upon consideration of the Appellee's motion to dismiss the appeal as moot, or alternatively, to remand, it is hereby ORDERED that the case is remanded to the District Court (which prematurely closed the case without explicitly ordering a search for the requested documents) to consider the adequacy of the search that the Appellee represents was made after the notice of appeal was filed, to consider whether the Appellant is entitled to disclosure of the requested documents, and to consider whether the Appellant is entitled to any other relief, including attorney's fees. Remand is pursuant to United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994). Following the District Court's determinations on remand, either party may seek review in this Court by notifying the Clerk of Court by letter, filed no later than 10 days after the district court's determinations, and without the necessity of filing a new appeal. The merits of any such appeal will be determined by a new panel in the regular course.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/24/2020..(nd) (Entered: 06/24/2020)
2020-06-24		Transmission of USCA Order to the District Judge re: 27 USCA Order..(nd) (Entered: 06/24/2020)
2020-06-29	28	ORDER: This case having been remanded to this Court, it is hereby ORDERED that by July 17, 2020, the parties shall provide a status letter, including any proposals for future proceedings. (Signed by Judge Denise L. Cote on 6/29/2020) (jca) (Entered: 06/29/2020)
2020-07-17	29	STATUS REPORT. Document filed by Board Of Governors Of The Federal Reserve System...(Folch, Monica) (Entered: 07/17/2020)
2020-07-20	30	MEMO ENDORSEMENT on re: 29 Status Report filed by Board Of Governors Of The Federal Reserve System. ENDORSEMENT: Granted. The briefing schedule proposed by the Government is adopted. (Signed by Judge Denise L. Cote on 7/20/2020) (jca) (Entered: 07/20/2020)
2020-07-20		Set/Reset Deadlines: Cross Motions due by 9/17/2020. Motions due by 8/17/2020. Responses due by 9/24/2020, Replies due by 10/1/2020. (jca) (Entered: 07/20/2020)
2020-08-17	31	RECALLED - MANDATE of USCA (Certified Copy) as to 25 Corrected Notice of Appeal filed by Board Of Governors Of The Federal Reserve System., 23 Notice of Appeal filed by Daniel L. Junk. USCA Case Number 19-3125 (L), 19-3606 (XAP). Upon consideration of the Appellee's motion to dismiss the appeal as moot, or alternatively, to remand, it is hereby ORDERED that the case is remanded to the District Court (which prematurely closed the case without explicitly ordering a search for the requested documents) to consider the adequacy of the search that the Appellee represents was made after the notice of appeal was filed, to consider whether the Appellant is entitled to disclosure of the requested documents, and to consider whether the Appellant is entitled to any other relief, including attorney's fees. Remand is pursuant to United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994). Following the District Court's determinations on remand, either party may seek review in this Court by notifying the Clerk of Court by letter, filed no later than 10 days after the district court's determinations, and without the necessity of filing a new appeal. The merits of any such appeal will be determined by a new panel in the regular course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/17/2020..(nd) Modified on 12/7/2020 (tp). (Entered: 08/17/2020)
2020-08-17		Transmission of USCA Mandate to the District Judge re: 31 USCA Mandate,..(nd) (Entered: 08/17/2020)
2020-08-17	32	MOTION for Summary Judgment . Document filed by Board Of Governors Of The Federal Reserve System...(Folch, Monica) (Entered: 08/17/2020)
2020-08-17	33	MEMORANDUM OF LAW in Support re: 32 MOTION for Summary Judgment . . Document filed by Board Of Governors Of The Federal Reserve System.. (Attachments: # 1 Taylor Declaration, # 2 Caperton Supplemental Declaration, # 3 Ex. A to Caperton Supplemental Declaration).(Folch, Monica) (Entered: 08/17/2020)
2020-09-17	34	MEMORANDUM OF LAW in Opposition re: 32 MOTION for Summary Judgment . . Document filed by Daniel L. Junk. (Attachments: # 1 Affidavit Declaration of Frank J. Dito Jr., # 2 Supplement Notice of Motion).(Dito, Frank) (Entered: 09/17/2020)
2020-09-24	35	REPLY MEMORANDUM OF LAW in Support re: 32 MOTION for Summary Judgment . . Document filed by Board Of Governors Of The Federal Reserve System...(Folch, Monica) (Entered: 09/24/2020)
2020-10-01	36	CROSS REPLY MEMORANDUM OF LAW in Support re: 32 MOTION for Summary Judgment . . Document filed by Daniel L. Junk. (Attachments: # 1 Exhibit Admin. Agreement, # 2 Exhibit Audit Report, # 3 Exhibit Inv. Mgmt. Agreement).(Dito, Frank) (Entered: 10/01/2020)
2020-11-18	37	OPINION AND ORDER re: 32 MOTION for Summary Judgment . filed by Board Of Governors Of The Federal Reserve System. The Board's August 17, 2020 motion for summary judgment is granted. Junk's September 17 cross-motion for summary judgment is denied. (Signed by Judge Denise L. Cote on 11/18/2020) (jca) (Entered: 11/18/2020)
2020-11-18	38	ORDER: On November 18, 2020, the Court granted defendant's motion for summary judgment and denied plaintiffs cross-motion for summary judgment. It is hereby ORDERED that parties shall consult about the need for any further proceedings in the above-captioned case and shall submit proposals for any further proceedings by November 30, 2020. (Signed by Judge Denise L. Cote on 11/18/2020) (jca) (Entered: 11/18/2020)
2020-11-27	39	LETTER addressed to Judge Denise L. Cote from Frank J. Dito, Jr. dated 11/27/20 re: Status on Further Proceedings. Document filed by Daniel L. Junk. (Attachments: # 1 Exhibit Letter filed in 2CA).(Dito, Frank) (Entered: 11/27/2020)
2020-12-02	40	JOINT LETTER addressed to Judge Denise L. Cote from Monica Folch dated December 2, 2020 re: Further Proceedings. Document filed by Board Of Governors Of The Federal Reserve System...(Folch, Monica) (Entered: 12/02/2020)
2020-12-03	41	ORDER: It is hereby ORDERED that parties shall submit a proposed judgment by December 8, 2020. IT IS FURTHER ORDERED that the plaintiffs request to stay proceedings in the above-captioned case is denied. (Signed by Judge Denise L. Cote on 12/3/2020) (jca) (Entered: 12/03/2020)
2020-12-07	42	TRUE COPY ORDER of USCA as to 25 Corrected Notice of Appeal, filed by Board Of Governors Of The Federal Reserve System., 24 Notice of Appeal, filed by Board Of Governors Of The Federal Reserve System., 23 Notice of Appeal filed by Daniel L. Junk USCA Case Number 19-3125(L), 19-3606(CON). IT IS HEREBY ORDERED that the Courts mandate is RECALLED and the appeal is REINSTATED. Appellant-Cross-Appellee may file a supplemental brief addressing the issues raised on remand within 60 days, by February 5, 2020. Appellee-Cross-Appellant shall then file a scheduling notification letter in the ordinary course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/7/2020. (tp) (Entered: 12/07/2020)
2020-12-07		Transmission of USCA Mandate/Order to the District Judge re: 42 USCA Order. (tp) (Entered: 12/07/2020)
2020-12-07	43	TRUE COPY ORDER of USCA as to 25 Corrected Notice of Appeal, filed by Board Of Governors Of The Federal Reserve System., 24 Notice of Appeal, filed by Board Of Governors Of The Federal Reserve System., 23 Notice of Appeal filed by Daniel L. Junk USCA Case Number 19-3125(L), 19-3606(CON). IT IS HEREBY ORDERED that the Courts mandate is RECALLED and the appeal is REINSTATED. Appellant-Cross-Appellee may file a supplemental brief addressing the issues raised on remand within 60 days, by February 5, 2020. Appellee-Cross-Appellant shall then file a scheduling notification letter in the ordinary course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/7/2020. (tp) Modified on 12/7/2020 (tp). (Entered: 12/07/2020)
2020-12-07		Transmission of USCA Mandate/Order to the District Judge re: 43 USCA Order. (tp) (Entered: 12/07/2020)
2020-12-15	44	PROPOSED JUDGMENT. Document filed by Board Of Governors Of The Federal Reserve System...(Folch, Monica) (Entered: 12/15/2020)
2020-12-16		***DELETED DOCUMENT. Deleted document number 45 Memo Endorsement. The document was incorrectly filed in this case. (jca) (Entered: 12/16/2020)
2020-12-16	45	JUDGMENT: It is hereby ORDERED: That for the reasons stated in the Court's Opinion and Order dated November 18, 2020, having considered the arguments made by the parties, Defendant's August 17, 2020 motion for summary judgment is granted, and Plaintiff's September 17, 2020 cross-motion to defer or deny Defendant's motion for summary judgment pursuant to Fed. R. Civ. P. 56(d) is denied. Accordingly, the case is closed. (Signed by Judge Denise L. Cote on 12/16/2020) (jca) (Entered: 12/16/2020)
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