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Case TitleBloomberg L.P. et al v. United States Postal Service
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv06112
Date Filed2022-07-18
Date Closed2023-06-14
JudgeJudge Denise L. Cote
PlaintiffBloomberg L.P.
PlaintiffDow Jones & Company, Inc.
Case DescriptionBloomberg, L.P. and Dow Jones submitted a request to the U.S. Postal Service for records concerning change-of-address requests submitted between January and June 2021. The agency acknowledged receipt of the requests and denied them under Exemption 3 (other statutes). Bloomberg and Dow Jones filed administrative appeals. After hearing nothing further from the agency, Bloomberg and Dow Jones filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [11]
Opinion/Order [15]
Opinion/Order [35]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-181COMPLAINT against United States Postal Service. (Filing Fee $ 402.00, Receipt Number ANYSDC-26429788)Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H).(Townsend, Katielynn) (Entered: 07/18/2022)
2022-07-182RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Bloomberg Inc. for Bloomberg L.P.; Corporate Parent Ruby Newco, LLC, Corporate Parent News Corporation for Dow Jones & Company, Inc.. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 07/18/2022)
2022-07-183CIVIL COVER SHEET filed..(Townsend, Katielynn) (Entered: 07/18/2022)
2022-07-184REQUEST FOR ISSUANCE OF SUMMONS as to United States Postal Service, re: 1 Complaint,. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 07/18/2022)
2022-07-19CASE 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 https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(gp) (Entered: 07/19/2022)
2022-07-19Magistrate Judge Jennifer Willis 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (gp) (Entered: 07/19/2022)
2022-07-19Case Designated ECF. (gp) (Entered: 07/19/2022)
2022-07-195ELECTRONIC SUMMONS ISSUED as to United States Postal Service..(gp) (Entered: 07/19/2022)
2022-07-276NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/30/2022 at 2:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/27/2022) (vfr) (Entered: 07/27/2022)
2022-08-027AFFIDAVIT OF SERVICE of Complaint served on United States Postal Service on 7/27/22. Service was made by Mail. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 08/02/2022)
2022-08-058AFFIDAVIT OF SERVICE of Notice of Pretrial Conference served on United States Postal Service; U.S. Attorney's Office on Aug. 2, 2022; Aug. 4, 2022. Service was made by Mail. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 08/05/2022)
2022-08-269ANSWER to 1 Complaint,. Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 08/26/2022)
2022-08-3110CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Katie Townsend, Counsel for Plaintiffs dated Aug. 31, 2022. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 08/31/2022)
2022-08-3111ORDER granting 10 Letter Motion to Adjourn Conference. Having received on August 31, 2022 the parties' consent letter motion requesting an adjournment, it is hereby ORDERED that the initial pretrial conference is adjourned until October 21, 2022 at 9:30 A.M. Initial Conference set for 10/21/2022 at 09:30 AM before Judge Denise L. Cote.. (Signed by Judge Denise L. Cote on 8/31/2022) (tg) (Entered: 08/31/2022)
2022-10-0612STATUS REPORT. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 10/06/2022)
2022-10-1813MEMO ENDORSEMENT on re: 12 Status Report filed by Dow Jones & Company, Inc., Bloomberg L.P. ENDORSEMENT: The October 21 conference is cancelled. The parties' proposed schedule is adopted. ( Cross Motions due by 12/23/2022., Motions due by 11/18/2022., Responses due by 1/13/2023, Replies due by 2/3/2023.) (Signed by Judge Denise L. Cote on 10/18/2022) (vfr) (Entered: 10/18/2022)
2022-11-1614LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Denise L. Cote from AUSA Tomoko Onozawa dated Nov. 16, 2022. Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 11/16/2022)
2022-11-1615ORDER: granting 14 Letter Motion for Extension of Time to File. Granted. (Signed by Judge Denise L. Cote on 11/16/2022) (ama) (Entered: 11/16/2022)
2022-11-16Set/Reset Deadlines: Cross Motions due by 1/20/2023. Motions due by 12/9/2022. Responses due by 2/17/2023 Replies due by 3/10/2023. (ama) (Entered: 11/16/2022)
2022-12-0916MOTION for Summary Judgment . Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 12/09/2022)
2022-12-0917MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . . Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 12/09/2022)
2022-12-0918DECLARATION of Jeffrey Tackes in Support re: 16 MOTION for Summary Judgment .. Document filed by United States Postal Service. (Attachments: # 1 Exhibit A (Dow Jones FOIA Request), # 2 Exhibit B (September 2021 USPS Decision), # 3 Exhibit C (November 2021 Dow Jones Appeal), # 4 Exhibit D (December 2021 USPS Decision & Order), # 5 Exhibit E (Bloomberg FOIA Request), # 6 Exhibit F (April 2021 USPS Decision), # 7 Exhibit G (June 2021 Bloomberg Appeal), # 8 Exhibit H (July 2021 USPS Opinion & Order)).(Onozawa, Tomoko) (Entered: 12/09/2022)
2023-01-2019CROSS MOTION for Summary Judgment . Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order in Supp. of Plaintiffs' Mot. for Summary Judgment).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2020MEMORANDUM OF LAW in Support re: 19 CROSS MOTION for Summary Judgment . . Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2021DECLARATION of Katie Townsend in Support re: 19 CROSS MOTION for Summary Judgment .. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2022DECLARATION of Marie Patino in Support re: 19 CROSS MOTION for Summary Judgment .. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2023DECLARATION of Paul Overberg in Support re: 19 CROSS MOTION for Summary Judgment .. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2024MEMORANDUM OF LAW in Opposition re: 16 MOTION for Summary Judgment . . Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2025DECLARATION of Katie Townsend in Opposition re: 16 MOTION for Summary Judgment .. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2026DECLARATION of Marie Patino in Opposition re: 16 MOTION for Summary Judgment .. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2027DECLARATION of Paul Overberg in Opposition re: 16 MOTION for Summary Judgment .. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Townsend, Katielynn) (Entered: 01/20/2023)
2023-02-1728REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . . Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 02/17/2023)
2023-02-1729MEMORANDUM OF LAW in Opposition re: 19 CROSS MOTION for Summary Judgment . . Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 02/17/2023)
2023-02-1730DECLARATION of Jeffrey Tackes (Supplemental Declaration) in Support re: 16 MOTION for Summary Judgment .. Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 02/17/2023)
2023-03-1031REPLY MEMORANDUM OF LAW in Support re: 19 CROSS MOTION for Summary Judgment . . Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 03/10/2023)
2023-03-1432LETTER MOTION for Oral Argument addressed to Judge Denise L. Cote from Plaintiffs Bloomberg L.P. and Dow Jones & Company, Inc. dated March 14, 2023. Document filed by Bloomberg L.P., Dow Jones & Company, Inc...(Townsend, Katielynn) (Entered: 03/14/2023)
2023-05-1633LETTER addressed to Judge Denise L. Cote from AUSA Tomoko Onozawa dated May 16, 2023 re: Launch of USPS Population Mobility Trends product. Document filed by United States Postal Service..(Onozawa, Tomoko) (Entered: 05/16/2023)
2023-05-2234LETTER addressed to Judge Denise L. Cote from Plaintiffs Bloomberg L.P. and Dow Jones & Company, Inc. dated 5/22/23 re: Response to Defendant's launch of Population Mobility Trends. Document filed by Bloomberg L.P., Dow Jones & Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Townsend, Katielynn) (Entered: 05/22/2023)
2023-06-1335OPINION AND ORDER re: 16 MOTION for Summary Judgment . filed by United States Postal Service, 19 CROSS MOTION for Summary Judgment . filed by Dow Jones & Company, Inc., Bloomberg L.P.. The Defendant's December 9, 2022 motion for summary judgment is granted. The Plaintiffs' January 20, 2023 motion for summary judgment is denied. The Clerk of Court shall enter judgment for the Defendant and close the case. (Signed by Judge Denise L. Cote on 6/13/2023) (tg) Transmission to Orders and Judgments Clerk for processing. (Entered: 06/13/2023)
2023-06-1436CLERK'S JUDGMENT re: 35 Memorandum & Opinion in favor of United States Postal Service against Bloomberg L.P., Dow Jones & Company, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 13, 2023, Defendant's December 9, 2022 motion for summary judgment is granted. The Plaintiffs' January 20, 2023 motion for summary judgment is denied; accordingly, the case is closed. (Signed by Judge Denise L. Cote on 6/14/2023) (Attachments: # 1 Appeal Package) (tp) (Entered: 06/14/2023)
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