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Case TitleBLOOMBERG L.P. v. FEDERAL TRADE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03309
Date Filed2022-10-28
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffBLOOMBERG L.P.
Case DescriptionBloomberg News submitted a FOIA request to the Federal Trade commission for records concerning pre-consummation warning letters issued by the agency since July 2021 as disclosed in its August 3 web post. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Bloomberg News filed an administrative appeal. The FTC affirmed its denial. Bloomberg News then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL TRADE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-281COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 402 receipt number ADCDC-9634029) filed by BLOOMBERG L.P.. (Attachments: # 1 Exhibit Ex 1-4, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 10/28/2022)
2022-10-282NOTICE of Appearance by Matthew Topic on behalf of BLOOMBERG L.P. (Topic, Matthew) (Entered: 10/28/2022)
2022-10-283NOTICE of Appearance by Joshua Loevy on behalf of BLOOMBERG L.P. (Loevy, Joshua) (Entered: 10/28/2022)
2022-10-31Case Assigned to Judge Rudolph Contreras. (zsl) (Entered: 10/31/2022)
2022-10-314SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 10/31/2022)
2022-12-075ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Moustakas, John) (Entered: 12/07/2022)
2022-12-08MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a proposed briefing schedule on or before December 22, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/8/22. (lcrc2) (Entered: 12/08/2022)
2022-12-226Joint STATUS REPORT by FEDERAL TRADE COMMISSION. (Moustakas, John) (Entered: 12/22/2022)
2022-12-23MINUTE ORDER: Upon consideration of 6 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings in this matter: Defendant shall file its motion for summary judgment on or before March 8, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before April 7, 2023; Defendant shall file its reply and cross-opposition on or before April 28, 2023; and Plaintiff shall file any cross-reply on or before May 12, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/23/22. (lcrc2) (Entered: 12/23/2022)
2023-01-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 11/15/2022 (Loevy, Joshua) (Entered: 01/06/2023)
2023-01-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2022. (Loevy, Joshua) (Entered: 01/06/2023)
2023-01-069RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/13/2022. Answer due for ALL FEDERAL DEFENDANTS by 12/13/2022. (Loevy, Joshua) (Entered: 01/06/2023)
2023-02-2110NOTICE of Appearance by Merrick Jason Wayne on behalf of BLOOMBERG L.P. (Wayne, Merrick) (Entered: 02/21/2023)
2023-02-22RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-03-0811MOTION for Summary Judgment , Statement of Undisputed Material Facts, Memorandum of Points and Authorities and Proposed Order by FEDERAL TRADE COMMISSION. (Attachments: # 1 Declaration Declaration of Holly Vedova, including Exhibits, # 2 Declaration Declaration of Elizabeth Tucci, including Exhibits)(Moustakas, John) (Entered: 03/08/2023)
2023-04-0512Unopposed MOTION for Extension of Time to File Plaintiff's Cross-Motion and Response by BLOOMBERG L.P.. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 04/05/2023)
2023-04-05MINUTE ORDER granting 12 Plaintiff's Unopposed Motion for Extension of Time: It is hereby ORDERED that the previously ordered schedule is vacated and the following schedule shall govern further proceedings in this matter: Plaintiff shall submit its cross-motion for summary judgment and opposition to Defendant's motion for summary judgement on or before April 28, 2023; Defendant shall submit its opposition to Plaintiff's cross-motion for summary judgment and any reply in support of its motion for summary judgment on or before June 20, 2023; and Plaintiff shall submit any reply in support of its cross-motion for summary judgment on or before July 7, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/5/23. (lcrc2) (Entered: 04/05/2023)
2023-04-2713Unopposed MOTION for Extension of Time to Briefing Schedule by BLOOMBERG L.P.. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 04/27/2023)
2023-04-27MINUTE ORDER granting 13 Plaintiff's Unopposed Motion for Extension of Time: It is hereby ORDERED that the previously ordered briefing schedule is vacated and the following schedule shall govern further proceedings in this matter: Plaintiff shall submit its cross-motion for summary judgment and opposition to Defendant's motion for summary judgement on or before May 12, 2023; Defendant shall submit its opposition to Plaintiff's cross-motion for summary judgment and any reply in support of its motion for summary judgment on or before July 4, 2023; and Plaintiff shall submit any reply in support of its cross-motion for summary judgment on or before July 21, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/27/23. (lcrc2) (Entered: 04/27/2023)
2023-05-1214Cross MOTION for Summary Judgment by BLOOMBERG L.P.. (Attachments: # 1 Memorandum in Support, # 2 Declaration Wright Decl, # 3 Declaration Nylen Decl, # 4 Exhibit A - Phillips Speech, # 5 Statement of Facts Response to SOF, # 6 Statement of Facts, # 7 Text of Proposed Order)(Topic, Matthew) (Entered: 05/12/2023)
2023-05-1215Memorandum in opposition to re 11 Motion for Summary Judgment, filed by BLOOMBERG L.P.. (Attachments: # 1 Declaration Wright Decl, # 2 Declaration Nylen Decl, # 3 Exhibit A - Phillips Speech, # 4 Statement of Facts Response to SOF, # 5 Statement of Facts, # 6 Text of Proposed Order)(Topic, Matthew) (Entered: 05/12/2023)
2023-06-2916Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment , Statement of Undisputed Material Facts, Memorandum of Points and Authorities and Proposed Order , 14 Cross MOTION for Summary Judgment by FEDERAL TRADE COMMISSION. (Moustakas, John) (Entered: 06/29/2023)
2023-06-29MINUTE ORDER granting 16 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its reply in support of its motion for summary judgment on or before August 22, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 6/29/23. (lcrc2) (Entered: 06/29/2023)
2023-06-3017NOTICE of Appearance by Stephen Stich Match on behalf of BLOOMBERG L.P. (Match, Stephen) (Entered: 06/30/2023)
2023-06-3018Consent MOTION for Extension of Time to File Response/Reply by BLOOMBERG L.P.. (Attachments: # 1 Text of Proposed Order)(Match, Stephen) (Entered: 06/30/2023)
2023-07-03MINUTE ORDER granting 18 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall submit its reply in support of its cross-motion for summary judgment on or before September 12, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7/3/23. (lcrc2) (Entered: 07/03/2023)
2023-08-2119Consent MOTION for Extension of Time to File Response/Reply in Support of Summary Judgment by FEDERAL TRADE COMMISSION. (Moustakas, John) (Entered: 08/21/2023)
2023-08-22MINTUE ORDER granting 19 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall submit its reply in support of its motion for summary judgment on or before September 8, 2023 and Plaintiff shall submit its reply in support of its cross-motion for summary judgment on or before September 29, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8/22/23. (lcrc2) (Entered: 08/22/2023)
2023-09-0520REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by FEDERAL TRADE COMMISSION. (Moustakas, John); Modified to correct docket entry relationship on 9/7/2023 (ztth). (Entered: 09/05/2023)
2023-09-0521Memorandum in opposition to 14 Motion for Summary Judgment, filed by FEDERAL TRADE COMMISSION. (See Docket Entry 20 to view document) (ztth) (Entered: 09/07/2023)
2023-09-0822ERRATA Supplying Missing Supplemental Declaration of Holly Vedova (ECF No. 20-1, ECF No. 21-1) by FEDERAL TRADE COMMISSION re 21 Memorandum in Opposition, 20 Reply to opposition to Motion. (Attachments: # 1 Declaration Supplemental Declaration of Holly Vedova)(Moustakas, John) (Entered: 09/08/2023)
2023-09-2923REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by BLOOMBERG L.P.. (Match, Stephen) (Entered: 09/29/2023)
2024-01-0924NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of FEDERAL TRADE COMMISSION Substituting for attorney John Moustakas (Bartholomew, Tabitha) (Entered: 01/09/2024)
2024-01-1625ORDER granting in part and denying in part 11 Motion for Summary Judgment; granting in part and denying in part 14 Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 01/16/2024. (lcrc2) (Entered: 01/16/2024)
2024-01-1626MEMORANDUM OPINION granting in part and denying in part 11 Motion for Summary Judgment; granting in part and denying in part 14 Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 01/16/2024. (lcrc2) (Entered: 01/16/2024)
2024-01-2227Consent MOTION for Extension of Time to File Plaintiff's Fee Petition by BLOOMBERG L.P.. (Attachments: # 1 Text of Proposed Order)(Match, Stephen) (Entered: 01/22/2024)
2024-01-22MINUTE ORDER granting 27 Consent Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file any petition for attorneys' fees on or before March 15, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 01/22/2024. (lcrc2) (Entered: 01/22/2024)
2024-02-21Set/Reset Deadlines: petition for attorneys fees shall be filed by 3/15/2024. (tj) (Entered: 02/21/2024)
2024-03-0828Consent MOTION for Extension of Time to File Petition for Attorneys' Fees by BLOOMBERG L.P.. (Attachments: # 1 Text of Proposed Order)(Match, Stephen) (Entered: 03/08/2024)
2024-03-08MINUTE ORDER granting 28 Consent Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file any petition for attorneys' fees on or before April 29, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 03/08/2024. (lcrc2) (Entered: 03/08/2024)
2024-03-13Set/Reset Deadlines: Petition for attorney's fees due by 4/29/2024. (tj) (Entered: 03/13/2024)
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by FOIA Project Staff
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