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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 Vernon S. Broderick
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
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Complaint attachment 10
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)
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by FOIA Project Staff
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