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Case TitleVirtu Financial, Inc. v. United States Securities and Exchange Commission
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv10088
Date Filed2022-11-29
Date ClosedOpen
JudgeJudge Jennifer H. Rearden
PlaintiffVirtu Financial, Inc.
Case DescriptionVirtu Financial, Inc. submitted a FOIA request to the Securities and Exchange Commission for records concerning communications between the agency and any stock market professionals related to stock order handling and execution. The agency acknowledged receipt of the request. The agency told Virtu Financial that the request was too broad to conduct a search. Virtu Financial treated the agency's response as a denial and filed an administrative appeal. After considerable back and forth, the agency conducted a search which located no responsive records pertaining to certain organizations. However, after hearing nothing further from the agency, Virtu Financial filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Securities and Exchange Commission
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
Complaint attachment 9
Complaint attachment 10
Opinion/Order [15]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-291COMPLAINT against United States Securities and Exchange Commission. (Filing Fee $ 402.00, Receipt Number ANYSDC-27011092)Document filed by Virtu Financial, Inc.. (Attachments: # 1 Exhibit A FOIA Request and Appendix, # 2 Exhibit B Letter, # 3 Exhibit C Letter, # 4 Exhibit D Letter, # 5 Exhibit E Letter, # 6 Exhibit F Letter, # 7 Exhibit G Letter, # 8 Exhibit H Decision Regarding FOIA Appeal, # 9 Exhibit I Email Chain, # 10 Exhibit J Decision Regarding FOIA Request).(Reisner, Lorin) (Entered: 11/29/2022)
2022-11-292CIVIL COVER SHEET filed..(Reisner, Lorin) (Entered: 11/29/2022)
2022-11-293RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Virtu Financial, Inc...(Reisner, Lorin) (Entered: 11/29/2022)
2022-11-294REQUEST FOR ISSUANCE OF SUMMONS as to United States Securities and Exchange Commission, re: 1 Complaint,,. Document filed by Virtu Financial, Inc...(Reisner, Lorin) (Entered: 11/29/2022)
2022-11-30CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 . .(pc) (Entered: 11/30/2022)
2022-11-30Magistrate Judge Katharine H. Parker 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 . (pc) (Entered: 11/30/2022)
2022-11-30Case Designated ECF. (pc) (Entered: 11/30/2022)
2022-11-305ELECTRONIC SUMMONS ISSUED as to United States Securities and Exchange Commission..(pc) (Entered: 11/30/2022)
2022-12-086NOTICE OF APPEARANCE by Andrew Garry Gordon on behalf of Virtu Financial, Inc...(Gordon, Andrew) (Entered: 12/08/2022)
2022-12-087NOTICE OF APPEARANCE by Jessica Sombat Carey on behalf of Virtu Financial, Inc...(Carey, Jessica) (Entered: 12/08/2022)
2022-12-088NOTICE OF APPEARANCE by Kristina Anne Bunting on behalf of Virtu Financial, Inc...(Bunting, Kristina) (Entered: 12/08/2022)
2022-12-089CERTIFICATE OF SERVICE of Notices of Appearance for Andrew G. Gordon, Jessica S. Carey, and Kristina A. Bunting served on United States Securities and Exchange Commission on 12/8/2022. Service was made by Mail. Document filed by Virtu Financial, Inc...(Reisner, Lorin) (Entered: 12/08/2022)
2022-12-1410SUMMONS RETURNED EXECUTED (FOIA CASE). United States Securities and Exchange Commission served on 12/12/2022, answer due 1/11/2023. Service was made by Certified Mail. Document filed by Virtu Financial, Inc...(Reisner, Lorin) (Entered: 12/14/2022)
2023-01-0911MOTION for Michael S. Bailey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: # 1 Exhibit Certificate of Good Standing for DC, # 2 Exhibit Certificate of Good Standing for Maryland, # 3 Exhibit Certificate of Good Standing for Massachusetts, # 4 Affidavit Affidavit in Support of Pro Hac Vice Motion, # 5 Text of Proposed Order Proposed Order).(Bailey, Michael) (Entered: 01/09/2023)
2023-01-0912NOTICE OF APPEARANCE by Mary Alexandra Verdi on behalf of United States Securities and Exchange Commission..(Verdi, Mary) (Entered: 01/09/2023)
2023-01-0913ANSWER to 1 Complaint,,. Document filed by United States Securities and Exchange Commission..(Verdi, Mary) (Entered: 01/09/2023)
2023-01-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Michael S. Bailey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 01/10/2023)
2023-01-1014ORDER FOR ADMISSION PRO HAC VICE OF MICHAEL S. BAILEY granting 11 Motion for Michael S. Bailey to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Vernon S. Broderick on 1/10/2023) (kv) (Entered: 01/10/2023)
2023-02-07NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Vernon S. Broderick is no longer assigned to the case. (tro) (Entered: 02/07/2023)
2023-02-1715NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information, to the extent relevant, in separate paragraphs: as set forth herein. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/17/2023) (ama) (Entered: 02/17/2023)
2023-03-0316JOINT LETTER addressed to Judge Jennifer H. Rearden from Lorin L. Reisner dated March 3, 2023 re: Status Update. Document filed by Virtu Financial, Inc...(Reisner, Lorin) (Entered: 03/03/2023)
2023-03-2917ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/29/2023) (ama) (Entered: 03/29/2023)
2023-03-2918INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/8/2023 at 11:15 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/29/2023) (vfr) (Entered: 03/29/2023)
2023-04-1719JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated April 17, 2023 re: Virtu Financial, Inc. v. SEC - Initial Case Management Conference Order. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 04/17/2023)
2023-04-1720MEMO ENDORSEMENT on re: 19 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: The parties are excused from the requirements to confer under Rule 26(f), serve Rule 26(a)(1) initial disclosures, and submit a Proposed Case Management Plan. The Court adopts the parties' proposed schedule. The Case Management Conference previously scheduled for May 8, 2023, at 11:15 a.m. is adjourned sine die. The parties shall file a joint status letter on Thursday, August 31, 2023 updating the Court on their progress as to the release of non-exempt records. In the event the parties anticipate that a case management conference or settlement conference would be helpful, the parties can at any time file a joint letter requesting a conference. SO ORDERED. ( Motions due by 1/8/2024., Replies due by 1/29/2024., Responses due by 1/22/2024) (Signed by Magistrate Judge Katharine H. Parker on 4/17/2023) (vfr) (Entered: 04/17/2023)
2023-08-3121JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated August 31, 2023 re: Virtu Financial, Inc. v. SEC - Case Status. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 08/31/2023)
2023-08-3122MEMO ENDORSEMENT on re: 21 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The Court thanks the parties for the status update. The parties shall file another joint status letter on Tuesday, October 31, 2023. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/31/2023) (vfr) (Entered: 08/31/2023)
2023-09-2823LETTER MOTION for Extension of Time to Complete Release of Non-Exempt Records addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated September 28, 2023. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 09/28/2023)
2023-10-0224ORDER granting 23 Letter Motion for Extension of Time. APPLICATION GRANTED. Motions due by 1/8/2024. (Signed by Magistrate Judge Katharine H. Parker on 10/2/2023) (vfr) (Entered: 10/02/2023)
2023-10-02Set/Reset Deadlines: Responses due by 1/22/2024 Replies due by 1/29/2024. (vfr) (Entered: 10/02/2023)
2023-10-3125JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated October 31, 2023 re: status update. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 10/31/2023)
2023-11-0126MEMO ENDORSEMENT on re: 25 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The Court thanks the parties for this status update. The parties shall file another joint status update on or before Tuesday, December 5, 2023. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/1/2023) (vfr) (Entered: 11/01/2023)
2023-11-0827LETTER MOTION for Extension of Time to Complete Release of Non-Exempt Records addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated November 8, 2023. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 11/08/2023)
2023-11-0928ORDER granting 27 Letter Motion for Extension of Time. APPLICATION GRANTED. The deadline for the SEC to produce the outstanding documents is extended to December 8, 2023. Additionally, the deadline for the parties' joint status report is extended from December 5, 2023 to December 15, 2023. The status report should confirm that the production of responsive, non-exempt records is complete, and should state whether there are any outstanding disputes. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/9/2023) (vfr) (Entered: 11/09/2023)
2023-12-1529JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated December 15, 2023 re: Status Update. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 12/15/2023)
2023-12-1830MEMO ENDORSEMENT on re: 29 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: APPLICATION GRANTED. The summary judgment briefing schedule is adjourned sine die pending the joint status report from the parties. The parties shall file their joint status report on or before Tuesday, January 16, 2024. The report shall provide an update as to the two outstanding issues raised above, and, if necessary, shall propose a briefing schedule for any summary judgment motions and/or other motions. The parties may request a conference before the Undersigned if they would like the Court's assistance in resolving the outstanding issues. (Signed by Magistrate Judge Katharine H. Parker on 12/18/2023) (vfr) (Entered: 12/18/2023)
2024-01-1631JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated January 16, 2024 re: Status Update. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 01/16/2024)
2024-01-1732MEMO ENDORSEMENT on re: 31 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The Court thanks the parties for this status update and requests another status update on or before February 16, 2024. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/17/2024) (vfr) (Entered: 01/17/2024)
2024-02-1533JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Michael S. Bailey dated February 15, 2024 re: Status Update. Document filed by United States Securities and Exchange Commission..(Bailey, Michael) (Entered: 02/15/2024)
2024-02-2134MEMO ENDORSEMENT on re: 33 Letter filed by United States Securities and Exchange Commission ENDORSEMENT APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/21/2024) (jca) (Entered: 02/21/2024)
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