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Case TitleJunk v. Board Of Governors Of The Federal Reserve System.
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv00385
Date Filed2019-01-14
Date Closed2019-08-29
JudgeJudge Denise L. Cote
PlaintiffDaniel L. Junk
Case DescriptionDaniel Junk submitted a FOIA request to the Federal Reserve Board for records concerning the Committee on Uniform Security Identification Procedures identification numbers for Maiden Lane LLC. The agency acknowledged receipt of the request. The agency denied the request claiming that such records were in the possession of the Federal Reserve Bank of New York and were not agency records of the Federal Reserve Board. Junk filed an administrative appeal of the agency's denial, but after hearing nothing further from the agency, Junk filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBoard Of Governors Of The Federal Reserve System.
AppealSecond Circuit 19-3606
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [22]
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-141COMPLAINT 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)
2019-01-152REQUEST 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)
2019-01-15CASE 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)
2019-01-15Magistrate 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)
2019-01-15Case Designated ECF. (dnh) (Entered: 01/15/2019)
2019-01-153ELECTRONIC SUMMONS ISSUED as to Board Of Governors Of The Federal Reserve System.. (dnh) (Entered: 01/15/2019)
2019-01-154CIVIL COVER SHEET filed. (Dito, Frank) (Entered: 01/15/2019)
2019-01-245NOTICE 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)
2019-02-196NOTICE OF APPEARANCE by Sharanya Mohan on behalf of Board Of Governors Of The Federal Reserve System.. (Mohan, Sharanya) (Entered: 02/19/2019)
2019-02-197CONSENT 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)
2019-02-208ORDER 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)
2019-03-209ANSWER to 1 Complaint. Document filed by Board Of Governors Of The Federal Reserve System..(Mohan, Sharanya) (Entered: 03/20/2019)
2019-03-2510JOINT 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)
2019-03-2511ENDORSED 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)
2019-04-2912MOTION 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)
2019-04-2913DECLARATION 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)
2019-04-2914MEMORANDUM 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)
2019-05-2915CROSS 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)
2019-06-0516CONSENT 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)
2019-06-0617ORDER granting 16 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 6/6/2019) (ks) (Entered: 06/06/2019)
2019-06-06Set/Reset Deadlines: Responses due by 6/28/2019 Replies due by 7/17/2019. (ks) (Entered: 06/06/2019)
2019-06-2818MEMORANDUM 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)
2019-07-1519REPLY MEMORANDUM OF LAW in Support re: 15 CROSS MOTION for Summary Judgment . . Document filed by Daniel L. Junk. (Dito, Frank) (Entered: 07/15/2019)
2019-08-1220PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Board Of Governors Of The Federal Reserve System.. (Mohan, Sharanya) (Entered: 08/12/2019)
2019-08-1321CONSENT 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)
2019-08-2922OPINION 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)
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by FOIA Project Staff
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