Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Federal Reserve failed to conduct an adequate search in response to a request from the Center for Public Democracy for records concerning the appointment, review, or reappointment of Federal Reserve bank presidents because the agency improperly limited the number of offices searched, the keywords used in the searches, as well as failing to follow up leads that were discovered during the searches. The Federal Reserve searched only the records of current chair Jerome Powell, former chair Janet Yellin, and former vice-chair Donald Kohn because those three officials had each chaired the agency's Bank Affairs Committee during the timeframe of the request and were thus considered the most likely offices to have responsive records. The court found this limitation too narrow, noting that "although the BAC may be the primary entity handling communications between the Board of Governors and the Reserve Banks about presidential appointments and reappointments, the Federal Reserve Act explicitly tasks the entire Board of Governors �" not the BAC �" with approving Reserve Bank presidents." The court rejected the agency's claim that because the BAC records were the most likely location for responsive records there was no point in expanding the search. Instead, the court pointed out that "defendant must expand the search terms used to search emails and other records to include obvious alternative search terms, including keywords and the names or email addresses of all relevant individuals. . ." The Center for Popular Democracy also challenged the agency's unwillingness to search for potentially responsive records at the various Federal Reserve Banks. The agency claimed that any records pertaining to the appointment of presidents at the various Federal Reserve Banks would be records of the banks exercising their independent authority not subject to FOIA. The court disagreed, noting instead that "such records would constitute information maintained by Reserve Banks in the performance of functions for the Board of Governors and are thus subject to the FOIA request." The court noted that case law had established that records pertaining to the appointment of directors of Reserve Banks were subject to FOIA. The court observed that the "defendant fails to articulate a legal theory for why similar records concerning Reserve Bank presidents (as opposed to directors) should be treated differently."
Issues: Adequacy - Search, Agency Record

FOIA Project Annotation: A federal court in New York has accepted the recommendation of a magistrate judge that attorneys for the Center for Popular Democracy are entitled to attorney's fees as the result of its FOIA litigation against the Federal Reserve but has reduced the attorney's fees award request for the San Francisco-based firm of Altshuler Berzon by 40 percent to reflect the actual cost of litigating in the Eastern District of New York, where the litigation took place. CPD submitted a 27-page request with multiple parts focused on how the agency developed policies for leadership roles. In five interim releases, the Federal Reserve disclosed 1,167 pages, and agreed in a July 16, 2019 order to search for further records. The agency argued that because of the complexity of the request and slowdowns because of the pandemic, CPD's suit, which was filed only two months after the statutory time limit expired, did not cause the agency to respond more quickly. However, the magistrate judge found that the July 19, 2019 order created a change in the relationship of the parties that established CPD as the prevailing party for that order only. The court agreed that CPD had shown that it was entitled to fees. Magistrate Judge Vera Scanlon observed that "on balance, this Court finds [the four factors used to assess eligibility for fees] weighs in favor of CPD as to the documents sought on summary judgment because the Court rejected the Board's contention that it had conducted a reasonable search for responsive documents as to many of CPD's requests." Turning to the fee request itself, Scanlon noted that "the requested hourly rates are not in line with the prevailing rates in the Eastern District of New York or even the Southern District of New York." She added that "a 40% discount on all rates proposed by Altshuler Berzon for attorneys and law clerks would bring the rates of the timekeepers within the range granted in this District for complex litigation." Scanlon also found that the hours requested were excessive, reducing them by 40 percent as well. As a result, she awarded CPD a total of $156,545 in fees and costs.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2016-10-19	1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Board of Governors of the Federal Reserve System filing fee $ 400, receipt number 0207-9002102 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Center for Popular Democracy. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit) (Brown, Eric) (Entered: 10/19/2016)
2016-10-21		Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 10/21/2016)
2016-10-21	2	In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/21/2016)
2016-10-21	3	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/21/2016)
2016-10-21	4	Summons Issued as to Board of Governors of the Federal Reserve System, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 10/21/2016)
2016-11-01	5	SUMMONS Returned Executed by Center for Popular Democracy. Board of Governors of the Federal Reserve System served on 10/25/2016, answer due 11/26/2016. (Brown, Eric) (Entered: 11/01/2016)
2016-11-01	6	CERTIFICATE OF SERVICE by Center for Popular Democracy re 1 Complaint, 4 Summons Issued as to USA (Brown, Eric) (Entered: 11/01/2016)
2016-11-22	7	Consent MOTION for Extension of Time to File Answer or Otherwise Move with Respect to the Complaint by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 11/22/2016)
2016-11-22		ORDER: 7 Motion for Extension of Time to Answer is hereby GRANTED. Board of Governors of the Federal Reserve System answer due 12/15/2016. Ordered by Magistrate Judge Steven M. Gold on 11/22/2016. (Gillespie, Saudia) (Entered: 11/22/2016)
2016-11-22	8	SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on February 15, 2017 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/22/2016. (Attachments: # 1 Chambers Individual Rules) (Gillespie, Saudia) (Entered: 11/22/2016)
2016-12-15	9	ANSWER to 1 Complaint, by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 12/15/2016)
2016-12-21	10	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9154546. by Center for Popular Democracy. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Chan, Connie) (Entered: 12/21/2016)
2016-12-21		NOTICE: re 10 MOTION for Leave to Appear Pro Hac Vice. Counsel shall submit a Certificate of Good Standing (using the ECF Event "Letter") which has been issued within thirty (30) days of filing as required by Local Rule 1.3 (Gillespie, Saudia) (Entered: 12/21/2016)
2017-01-03	11	Letter Certificate of Good Standing by Center for Popular Democracy (Chan, Connie) (Entered: 01/03/2017)
2017-01-04		ORDER: 10 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Attorney Connie K. Chan shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 1/4/2017. (Gillespie, Saudia) (Entered: 01/04/2017)
2017-01-18	12	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9213408. by Center for Popular Democracy. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Berzon, Stephen) (Entered: 01/18/2017)
2017-01-18	13	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9213450. by Center for Popular Democracy. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Weissglass, Jonathan) (Entered: 01/18/2017)
2017-01-18		ORDER: 12 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Counsel Stephen Paul Berzon shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 1/18/2017. (Gillespie, Saudia) (Entered: 01/18/2017)
2017-01-18		ORDER: 13 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Counsel Jonathan David Weissglass shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 1/18/2017. (Gillespie, Saudia) (Entered: 01/18/2017)
2017-01-30	14	NOTICE of Appearance by Stephen Paul Berzon on behalf of Center for Popular Democracy (notification declined or already on case) (Berzon, Stephen) (Entered: 01/30/2017)
2017-01-30	15	NOTICE of Appearance by Jonathan David Weissglass on behalf of Center for Popular Democracy (notification declined or already on case) (Weissglass, Jonathan) (Entered: 01/30/2017)
2017-01-30	16	NOTICE of Appearance by Connie K. Chan on behalf of Center for Popular Democracy (notification declined or already on case) (Chan, Connie) (Entered: 01/30/2017)
2017-02-06	17	Consent MOTION to Adjourn Conference scheduled for February 15, 2017 by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 02/06/2017)
2017-02-07		ORDER: 17 Motion to Adjourn Conference is hereby GRANTED. The initial conference previously scheduled for February 15, 2017 is adjourned to April 4, 2017 at 3:30 p.m. in courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 2/7/2017. (Gillespie, Saudia) Modified TIME OF CONFERENCE on 2/7/2017 (Gillespie, Saudia). (Entered: 02/07/2017)
2017-02-07		Set/Reset Hearings: Initial Conference set for April 4, 2017 3:30 p.m. in Courtroom 13D South before Magistrate Judge Steven M. Gold. (Gillespie, Saudia) (Entered: 02/07/2017)
2017-04-04		SCHEDULING ORDER: Due to a scheduling conflict, the initial conference scheduled for today at 3:30 p.m. is adjourned to 5:30 p.m. this evening. Ordered by Magistrate Judge Steven M. Gold on 4/4/2017. (Kaufman, Zachary) (Entered: 04/04/2017)
2017-04-04	18	Minute Entry: Initial Conference Hearing held on 4/4/2017 before Magistrate Judge Steven M. Gold. Chan for plaintiff, Cortes for defendant. the case management schedule proposed by the parties, calling among other things for defendant to provide a Vaughn index by April 28 and adequacy of search declaration by May 16, is approved. Plaintiff will notify defendant by June 2 whether discovery demands will be made, and any motion to compel will be brought by June 30 if there is a dispute. THE COURT WILL HOLD A CONFERENCE AT 3:00 PM ON JUNE 28. The parties will submit a joint letter by June 16, identifying the issues they intend to raise at the June 28 conference and indicating whether they prefer to appear in person or by telephone. (Gillespie, Saudia) (Entered: 04/06/2017)
2017-06-16	19	Joint MOTION to Adjourn Conference and to Amend Schedule for Raising Discovery Disputes, and Joint Status Letter Updating the Court on the Status of the Action by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 06/16/2017)
2017-06-16		ORDER: The joint application 19 to amend the scheduling order previously entered in this case is granted. Defendant shall file supplemental search declarations by July 21, 2017, plaintiff will notify defendant if it seeks discovery, and the parties will file a joint status report by August 18, 2017. THE CONFERENCE PREVIOUSLY SET FOR JUNE 28 IS ADJOURNED WITHOUT DATE, AND WILL BE RESCHEDULED AFTER THE AUGUST 18, 2017 STATUS REPORT IS RECEIVED. Ordered by Magistrate Judge Steven M. Gold on 6/16/2017. (Gillespie, Saudia) (Entered: 06/16/2017)
2017-08-18	20	STATUS REPORT Joint Status Letter by Center for Popular Democracy (Chan, Connie) (Entered: 08/18/2017)
2017-08-21		ORDER: The parties shall either file a form consenting to the reassignment of this action for all purposes to the undersigned Magistrate Judge or seek a pre-motion conference in the manner provided in the chambers practices of United States District Judge Garaufis. Ordered by Magistrate Judge Steven M. Gold on 8/21/2017. (Gillespie, Saudia) (Entered: 08/21/2017)
2017-08-25	21	Letter submitted jointly requesting that the Court approve the parties' proposed summary judgment briefing schedule by Board of Governors of the Federal Reserve System (Cortes, Edwin) (Entered: 08/25/2017)
2017-08-25		ORDER: The parties' 21 joint request that the court waive its pre-motion conference requirement is DENIED, as the parties have not provided the court with any reasons as to why this requirement should be waived. The parties are DIRECTED to confer and contact the court's Deputy at 718-613-2545 to schedule a pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 8/25/2017. (Weigel, Jessica) (Entered: 08/25/2017)
2017-09-25	22	Motion to Appear by Telephone and [Proposed] Order by Center for Popular Democracy. (Chan, Connie) (Entered: 09/25/2017)
2017-09-27		ORDER re Plaintiff's 22 Application to Appear by Telephone; the Application is granted. Ordered by Judge Nicholas G. Garaufis on 9/27/2017.(Pressman, Michael) (Entered: 09/27/2017)
2017-10-05	23	Motion to Appear by Telephone and [Proposed] Order by Center for Popular Democracy. (Weissglass, Jonathan) (Entered: 10/05/2017)
2017-10-10		ORDER re Plaintiff's 23 Application to Appear by Telephone; the Application is granted. Ordered by Judge Nicholas G. Garaufis on 10/10/2017. (Pressman, Michael) (Entered: 10/10/2017)
2017-10-12		Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 10/11/2017. Counsel for Defendant in person, counsel for Plaintiff present via telephone. The court granted the parties leave to cross-move for summary judgment and set the following briefing schedule: Defendant's motion for summary judgment is due on December 11, 2017; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion are due on February 9, 2018; Defendant's reply in support of its motion, if any, and opposition to Plaintiff's cross-motion are due on March 26, 2018; and Plaintiff's reply in support of its motion, if any, is due on May 10, 2018. The court encouraged the parties to confer and contact Magistrate Judge Steven M. Gold to discuss settlement. (Court Reporter Lisa Schmid.) (Pressman, Michael) (Entered: 10/12/2017)
2017-12-05	24	Consent MOTION for Leave to File Excess Pages by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 12/05/2017)
2017-12-11	25	Letter serving motion for summary judgment on Plaintiff by Board of Governors of the Federal Reserve System (Cortes, Edwin) (Entered: 12/11/2017)
2017-12-14	26	ORDER granting 24 Consent Motion for Leave to File Excess Pages by Board of Governors of the Federal Reserve System. Ordered by Judge Nicholas G. Garaufis on 12/13/2017. (Williams, Erica) (Entered: 12/14/2017)
2018-02-02	27	NOTICE of Consent to Change Attorney by Jonathan David Weissglass (Attachments: # 1 Proposed Order) (Weissglass, Jonathan) (Entered: 02/02/2018)
2018-02-06	28	ORDER Granting re: 27 Motion to Withdraw of Jonathan David Weissglass, counsel for Plaintiff. Ordered by Judge Nicholas G. Garaufis on 2/5/2018. (Williams, Erica) (Entered: 02/06/2018)
2018-02-10	29	MOTION for Summary Judgment by Center for Popular Democracy. (Chan, Connie) (Entered: 02/10/2018)
2018-02-10		Motions terminated, docketed incorrectly: 29 MOTION for Summary Judgment filed by Center for Popular Democracy. The document is not a motion, but a cover letter noting service of motion papers. Refiling is not necessary and further action is not needed unless you are contacted by the court. (Lee, Tiffeny) (Entered: 02/12/2018)
2018-03-09	30	Joint MOTION to Amend/Correct/Supplement briefing schedule on the parties' cross-motions for summary judgment by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 03/09/2018)
2018-03-14	31	ORDER granting 30 Motion to Amend Briefing Schedule. Defendant's reply in support of its motion, if any, and opposition to Plaintiff's cross-motionare due on April 16, 2018; Plaintiff's reply in support of its motion, if any, is due on June 11, 2018; and Defendant to file fully briefed cross-motions for summary judgment on June 13, 2018. So Ordered by Judge Nicholas G. Garaufis on 3/13/2018. (Lee, Tiffeny) (Entered: 03/14/2018)
2018-04-16	32	Letter enclosing defendant's opposition to plaintiff's cross-motion for summary judgment and reply in further support of defendant's motion for summary judgment by Board of Governors of the Federal Reserve System (Cortes, Edwin) (Entered: 04/16/2018)
2018-05-29	33	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10466379. by Center for Popular Democracy. (Attachments: # 1 Affidavit) (Kushner, Andrew) (Entered: 05/29/2018)
2018-06-01	34	Consent MOTION for Leave to File Excess Pages by Center for Popular Democracy. (Brown, Eric) (Entered: 06/01/2018)
2018-06-06	35	NOTICE: The Court has reviewed attorney Andrew Kushner's application to proceed pro hac vice. See docket entry 33 . The affidavit in support of the motion is outdated. Counsel shall complete the attached updated form and file it on ECF using the event "letter". Counsel is encouraged to contact chambers at 718-613-2560 after filing is complete. (Gillespie, Saudia) (Entered: 06/06/2018)
2018-06-06	36	ORDER granting 34 Motion for Leave to File Excess Pages. So Ordered by Judge Nicholas G. Garaufis on 6/1/2018. (Lee, Tiffeny) (Entered: 06/06/2018)
2018-06-07	37	Letter Affidavit of Andrew Kushner in Support of Motion to Admit Counsel Pro Hac Vice by Center for Popular Democracy (Kushner, Andrew) (Entered: 06/07/2018)
2018-06-07		ORDER: Granting 33 Motion for Leave to Appear Pro Hac Vice. Attorney Andrew Kushner shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 6/7/2018. (Gillespie, Saudia) (Entered: 06/07/2018)
2018-06-07		Incorrect Case/Document/Entry Information: Please disregard the Status Report Order dated 6/7/2018. The entry was inadvertently filed. Docket entry deleted. (Gillespie, Saudia) (Entered: 06/07/2018)
2018-06-07	38	NOTICE of Appearance by Andrew Kushner on behalf of Center for Popular Democracy (notification declined or already on case) (Kushner, Andrew) (Entered: 06/07/2018)
2018-06-11	39	Letter Enclosing Plaintiff's memorandum of law in further support of plaintiff's motion for summary judgment by Center for Popular Democracy (Brown, Eric) (Entered: 06/11/2018)
2018-06-13	40	MOTION for Summary Judgment served by Defendant by Board of Governors of the Federal Reserve System. (Attachments: # 1 Memorandum of Law, # 2 Rule 56.1 Statement, # 3 Edwin R. Cortes Declaration, # 4 Ex. 1 to Cortes Decl., # 5 Ex. A to Ex. 1 of the Cortes Decl., # 6 Ex. B to Ex. 1 of the Cortes Decl., # 7 Ex. C to Ex. 1 of the Cortes Decl., # 8 Ex. D to Ex. 1 of the Cortes Decl., # 9 Ex. E to Ex. 1 of the Cortes Decl., # 10 Ex. F to Ex. 1 of the Cortes Decl., # 11 Ex. G to Ex. 1 of the Cortes Decl., # 12 Ex. 2 to Cortes Decl., # 13 Ex. 3 to Cortes Decl., # 14 Ex. 4 to Cortes Decl., # 15 Ex. 5 to Cortes Decl., # 16 Ex. 6 to Cortes Decl.) (Cortes, Edwin) (Entered: 06/13/2018)
2018-06-13	41	Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment served by Plaintiff by Board of Governors of the Federal Reserve System. (Attachments: # 1 Memorandum of Law, # 2 Plaintiff's 56.1 Statement, # 3 Plaintiff's Response to Defendant's Rule 56.1 Statement, # 4 Declaration of Connie Chan with exhibits, # 5 Declaration of Shawn Sebastian with exhibits) (Cortes, Edwin) (Entered: 06/13/2018)
2018-06-13	42	RESPONSE in Opposition re 41 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment served by Plaintiff and Reply in Further Support of Defendant's Motion for Summary Judgment filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Defendants response to Plaintiffs Rule 56.1 statement, # 2 Defendant's Consolidated Rule 56.1 Statement, # 3 Reply Declaration of Edwin Cortes, # 4 Ex. 1 to the Reply Cortes Decl.) (Cortes, Edwin) (Entered: 06/13/2018)
2018-06-13	43	REPLY in Support of Plaintiff's Cross-Motion for Summary Judgment served by Plaintiff filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Plaintiff's Consolidated Rule 56.1 Statement) (Cortes, Edwin) (Entered: 06/13/2018)
2018-06-13	44	Letter enclosing fully briefed motions for summary judgment by Board of Governors of the Federal Reserve System (Cortes, Edwin) (Entered: 06/13/2018)
2018-06-15	45	NOTICE of Consent to Change Attorney by Connie K. Chan (Attachments: # 1 Proposed Order) (Chan, Connie) Modified to motion event on 6/20/2018 (Lee, Tiffeny). (Entered: 06/15/2018)
2018-06-20	46	ORDER granting 45 Motion to Withdraw as Attorney. Attorney Connie K. Chan terminated. So Ordered by Judge Nicholas G. Garaufis on 6/19/2018. (Lee, Tiffeny) (Entered: 06/20/2018)
2019-01-18	47	NOTICE of Appearance by Kathleen Anne Mahoney on behalf of Board of Governors of the Federal Reserve System (aty to be noticed) (Mahoney, Kathleen) (Entered: 01/18/2019)
2019-01-18	48	MOTION to Withdraw as Attorney by Board of Governors of the Federal Reserve System. (Attachments: # 1 Edwin Cortes Declaration) (Cortes, Edwin) (Entered: 01/18/2019)
2019-01-18		ORDER: Granting 48 Motion to Withdraw as Attorney. Attorney Edwin R. Cortes terminated. Ordered by Magistrate Judge Steven M. Gold on 1/18/2019. (Gillespie, Saudia) (Entered: 01/18/2019)
2019-07-16	49	MEMORANDUM & ORDER, For the reasons stated above. Defendant's motion for summary judgment is GRANTED IN PART and DENIED IN PART, and Plaintiff's cross-motion for summary judgment is GRANTED IN PART and DENIED IN PART. Defendant is directed to take the following actions consistent with this order; (1) search the documents of all members of the Board of Governors from the relevant period; (2) expandthe search terms used to search emails and other records to include obvious alternative search terms, including keywords and the names or e-mail addresses of all relevant individuals, or provide sufficient explanations as to why particular proposed searches would constitute an unreasonable burden; (3) search records at the Reserve Banks that constitute "Records of the Board" within the meaning of 12 C.F.R. § 261.2(i)(l), including those records concerning presidential appointments and assessments that might be responsive to Part II of the FOIA Request, records relating to the Board's oversight of appointments of Reserve Bank directors that might be responsive to Parts IV and V of the FOIA Request, and records of annual assessments of Reserve Bank presidents; and (4) search for the Annotated Bank Evaluation summaries and documents referencing them in connection with presidential appointments. Defendant must thenproduce all responsive documents not covered by a FOIA exemption. With respect to Plaintiff's contention that Defendant failed to pursue a "clear and certainlead" to responsive documents provided by the Board of Governors' Frequently Asked Questions web page and a summary of the Board's February 19,2016 meeting ("see supra Part 111(A)(3)(b)), the court finds Defendant's search to have been adequate. Defendant's motion for summary judgment is also granted with respect to its withholding of information under exemptions 5 and 6 of FOIA. So Ordered by Judge Nicholas G. Garaufis on 7/15/2019. (Lee, Tiffeny) (Entered: 07/16/2019)
2019-08-06	50	NOTICE of Appearance by David B Berman on behalf of Center for Popular Democracy (aty to be noticed) (Berman, David) (Entered: 08/06/2019)
2019-08-20	51	MOTION to Withdraw as Attorney by Center for Popular Democracy. (Attachments: # 1 Proposed Order) (Brown, Eric) (Entered: 08/20/2019)
2019-08-21		ORDER: Granting 51 Motion to Withdraw as Attorney. Attorney Eric Prince Brown terminated. Ordered by Magistrate Judge Steven M. Gold on 8/21/2019. (Gillespie, Saudia) (Entered: 08/21/2019)
2019-10-23		SCHEDULING ORDER: A telephone conference will be held at 10:00 a.m. on November 5, 2019 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 10/23/2019. (Gillespie, Saudia) (Entered: 10/23/2019)
2019-11-05	52	Minute Entry: Telephone Conference held on 11/5/2019 before Magistrate Judge Steven M. Gold. Kushner for plaintiff, Mahoney for defendant. The parties agree that there is no need for Court intervention or assistance at this point in the case. The parties are encouraged to contact my chambers if a dispute arises regarding compliance with the Memorandum and Order of Judge Garaufis entered on July 16, 2019. (Gillespie, Saudia) (Entered: 11/06/2019)
2020-05-06		STATUS REPORT ORDER: Counsel shall file an updated status report letter by May 14, 2020. Ordered by Magistrate Judge Steven M. Gold on 5/6/2020. (Gillespie, Saudia) (Entered: 05/06/2020)
2020-05-14	53	STATUS REPORT by Board of Governors of the Federal Reserve System (Mahoney, Kathleen) (Entered: 05/14/2020)
2020-05-14		STATUS REPORT ORDER: Counsel shall file an updated status report letter by July 15, 2020. Ordered by Magistrate Judge Steven M. Gold on 5/14/2020. (Gillespie, Saudia) (Entered: 05/14/2020)
2020-07-15	54	STATUS REPORT on behalf of the parties by Board of Governors of the Federal Reserve System (Mahoney, Kathleen) (Entered: 07/15/2020)
2020-07-16		STATUS REPORT ORDER: Counsel shall file an updated status report letter by August 15, 2020. Ordered by Magistrate Judge Steven M. Gold on 7/16/2020. (Gillespie, Saudia) (Entered: 07/16/2020)
2020-08-17	55	STATUS REPORT on behalf of the parties by Center for Popular Democracy (Kushner, Andrew) (Entered: 08/17/2020)
2020-08-19		ORDER: The parties are directed to submit a proposed judgment to United States District Judge Garaufis by September 1, 2020. Ordered by Magistrate Judge Steven M. Gold on 8/19/2020. (Gillespie, Saudia) (Entered: 08/19/2020)
2020-09-01	56	Letter to Honorable Nicholas G. Garaufis enclosing proposed Stipulation and Order of Dismissal by Board of Governors of the Federal Reserve System (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) (Entered: 09/01/2020)
2020-09-02	57	STIPULATION AND ORDER OF DISMISSAL that this action should be dismissed and judgment should be entered. Stipulation is without prejudice to plaintiff's request for attorney's fees and costs pursuant to 5 U.S.C. Section 552(a)(4)(E). Plaintiff's time to apply for attorney's fees and costs pursuant to 5 U.S.C. Section 552(a)(4)(E) is extended to 60 days after the entry of judgment. So Ordered by Judge Nicholas G. Garaufis on 9/2/2020. (fwd'd for jgm) (Lee, Tiffeny) (Entered: 09/02/2020)
2020-09-03	58	CLERK'S JUDGMENT that that this action is dismissed; that this dismissal is without prejudice to Plaintiff's request for attorneys' fees and costs pursuant to 5 U.S.C. Section 552(a)(4)(E); and that Plaintiff's time to apply for attorneys' fees and costs pursuant to 5 U.S.C. Section 552(a)(4)(E) is extended to 60 days after the entry of judgment. Signed Douglas C. Palmer, Clerk of Court by August Marziliano, Operations Manger on 9/3/2020. (Lee, Tiffeny) (Entered: 09/03/2020)
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