|
|
| Assigned to: |
Judge Alvin K. Hellerstein Fox News Network, LLC v. Board of Governors of the Federal Reserve System Cause: 05:552 Freedom of Information Act |
Date Filed: 01/12/2009 Date Terminated: 07/31/2009 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant |
* = Not all documents/attachments have been downloaded
| Filing Date | Docket # | File Size | Docket Text |
|---|---|---|---|
| 10/09/2009 | 38 | 66 KB | First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 37 Notice of Appeal filed by Fox News Network, LLC USCA Case Number 09-3795-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 10/13/2009) |
| 10/06/2009 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 15 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 21 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 8 MOTION for Summary Judgment, filed by Fox News Network, LLC, 14 Memorandum of Law in Support of Motion filed by Board of Governors of the Federal Reserve System, 23 Memorandum of Law in Opposition to Motion, filed by Board of Governors of the Federal Reserve System, 16 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 18 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 1 Complaint filed by Fox News Network, LLC, 30 Reply Memorandum of Law in Support of Motion filed by Fox News Network, LLC, 29 Counter Statement to Rule 56.1 filed by Board of Governors of the Federal Reserve System, 17 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 34 Clerk's Judgment, 36 Amended Judgment, 27 Notice of Appearance filed by Fox News Network, LLC, 35 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 3 Affidavit of Service as to USA filed by Fox News Network, LLC, 28 Endorsed Letter, 19 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 10 Declaration in Support of Motion, filed by Fox News Network, LLC, 20 Declaration in Support of Motion filed by Board of Governors of the Federal Reserve System, 5 Answer to Complaint filed by Board of Governors of the Federal Reserve System, 33 Memorandum & Opinion, 26 Memorandum of Law in Opposition to Motion filed by Fox News Network, LLC, 9 Rule 56.1 Statement filed by Fox News Network, LLC, 13 MOTION for Summary Judgment. filed by Board of Governors of the Federal Reserve System, 2 Rule 7.1 Corporate Disclosure Statement filed by Fox News Network, LLC, 37 Notice of Appeal filed by Fox News Network, LLC, 7 Endorsed Letter, 11 Declaration in Support of Motion filed by Fox News Network, LLC, 24 Declaration in Opposition to Motion, filed by Fox News Network, LLC, 12 Memorandum of Law in Support of Motion filed by Fox News Network, LLC, 22 Rule 56.1 Statement filed by Board of Governors of the Federal Reserve System, 25 Counter Statement to Rule 56.1 filed by Fox News Network, LLC, 4 Stipulation and Order, Set Deadlines/Hearings, 31 Reply Memorandum of Law in Oppisition filed by Board of Governors of the Federal Reserve System USCA Case Number 09-3795-cv, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/06/2009) | ||
| 09/22/2009 | USCA Case Number 09-3795-cv from the USCA 2nd Circuit assigned to 37 Notice of Appeal filed by Fox News Network, LLC. (tp) (Entered: 09/22/2009) | ||
| 09/09/2009 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 37 Notice of Appeal. (nd) (Entered: 09/09/2009) | ||
| 09/09/2009 | Transmission of Notice of Appeal to the District Judge re: 37 Notice of Appeal. (nd) (Entered: 09/09/2009) | ||
| 09/09/2009 | 37 | 37 KB | NOTICE OF APPEAL from 34 Clerk's Judgment,, 36 Amended Judgment,, 33 Memorandum & Opinion,,. Document filed by Fox News Network, LLC. Filing fee $ 455.00, receipt number E 699263. (nd) (Entered: 09/09/2009) |
| 09/02/2009 | 36 | 68 KB | AMENDED JUDGMENT amending 34 Clerk's Judgment, that for the reasons stated in the July 30 Order, the Board's motion for summary judgment is granted in its entirety, and the motion of plaintiff for summary judgment is denied, and this amended judgment supersedes the Judgment entered August 3, 2009, and shall constitute the Final Judgment in this action, which shall be, and hereby is, closed. (Signed by Judge Alvin K. Hellerstein on 9/1/09) (Attachments: # 1 notice of right to appeal)(ml) Modified on 9/3/2009 (ml). (Entered: 09/02/2009) |
| 08/26/2009 | 35 | 173 KB | DECLARATION of Alison M. Thro in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 08/26/2009) |
| 07/31/2009 | 34 | 39 KB | CLERK'S JUDGMENT:#97855 That for the reasons stated in the Court's Opinion and Order dated July 30, 2009, the Board's motion for summary judgment is granted, and Fox's motion is denied, except that the Board must conduct an additional search of the unopened attachment and make appropriate disclosures; accordingly, the case is closed, subject to reopening within sixty days of the Opinion and Order dated July 30, 2009 for matters relating to the remaining search. (Signed by J. Michael McMahon, clerk on 7/31/09) (Attachments: # 1 notice of right to appeal)(ml) Modified on 8/10/2009 (jab). (Entered: 08/03/2009) |
| 07/30/2009 | Transmission to Judgments and Orders Clerk. Transmitted re: 33 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (jfe) (Entered: 07/30/2009) | ||
| 07/30/2009 | 33 | 87 KB | OPINION AND ORDER SUBSTANTIALLY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT: For the reasons stated above, I hold that Exemption 4 exempts disclosure of the responsive documents that the Board located in its search. Accordingly, I grant the Board's motion for summary judgment and deny Fox's motion, except that the Board must conduct an additional search of the unopened attachment and make appropriate disclosures. The Clerk shall mark motions Nos. 8 & 13 as terminated and close the case, subject to reopening within sixty days for matters relating to the remaining search. (Signed by Judge Alvin K. Hellerstein on 7/30/2009) (jfe) (Entered: 07/30/2009) |
| 06/16/2009 | 32 | NA | TRANSCRIPT of proceedings held on 5/19/2009 before Judge Alvin K. Hellerstein. (jfe) (Entered: 06/17/2009) - Ghost Note: There was no document available for download on PACER. |
| 04/30/2009 | 31 | 102 KB | REPLY MEMORANDUM OF LAW in Opposition re: 26 Memorandum of Law in Opposition to Motion for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 04/30/2009) |
| 04/30/2009 | 30 | 235 KB | REPLY MEMORANDUM OF LAW in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 04/30/2009) |
| 04/30/2009 | 29 | 73 KB | COUNTER STATEMENT TO 9 Rule 56.1 Statement. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 04/30/2009) |
| 04/29/2009 | 28 | 67 KB | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Yvonne F. Mizusawa dated April 22, 2009, re: Pursuant to the Court's individual rule 1 (D), defendant, the Board of Governors of the Federal Reserve System, requests an extension of time to file Defendant's Response to Plaintiff's Statement of Material Facts Not in Dispute, as required by Local. Rule 56.l(b) of the Southern District of New York ("Defendant's Response"). ENDORSEMENT: Leave to Def'ts to file late is granted. (Signed by Judge Alvin K. Hellerstein on 4/29/2009) (rw) (Entered: 04/30/2009) |
| 04/27/2009 | 27 | NA | NOTICE OF APPEARANCE by Terence William McCormick on behalf of Fox News Network, LLC (McCormick, Terence) (Entered: 04/27/2009) |
| 04/17/2009 | 26 | 440 KB | MEMORANDUM OF LAW in Opposition re: 13 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 04/17/2009) |
| 04/17/2009 | 25 | 200 KB | COUNTER STATEMENT TO 22 Rule 56.1 Statement. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 04/17/2009) |
| 04/17/2009 | 24 | 461 KB | DECLARATION of TERENCE W. McCORMICK, ESQ. in Opposition re: 13 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (McCormick, Terence) (Entered: 04/17/2009) |
| 04/17/2009 | 23 | 165 KB | MEMORANDUM OF LAW in Opposition re: 8 MOTION for Summary Judgment. Defendant Board of Governors of the Federal Reserve System's Opposition to Plaintiff's Motion for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 04/17/2009) |
| 03/27/2009 | 22 | 38 KB | RULE 56.1 STATEMENT. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 21 | 108 KB | DECLARATION of Jacqueline P. Palladino in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 20 | 2340 KB | DECLARATION of Alison M. Thro in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 19 | 950 KB | DECLARATION of Brian F. Madigan in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 18 | 220 KB | DECLARATION of Anne F. Baum in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 17 | 464 KB | DECLARATION of Christopher R, Burke in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 16 | 729 KB | DECLARATION of Susan E. McLaughlin in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 15 | 534 KB | DECLARATION of Lorie K. Logan in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 14 | 301 KB | MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment.. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 13 | 12 KB | MOTION for Summary Judgment. Document filed by Board of Governors of the Federal Reserve System.(Mizusawa, Yvonne) (Entered: 03/27/2009) |
| 03/27/2009 | 12 | 296 KB | MEMORANDUM OF LAW in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009) |
| 03/27/2009 | 11 | 45 KB | DECLARATION of CARLOTTA CASSIDY in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009) |
| 03/27/2009 | 10 | 1344 KB | DECLARATION of STEVEN G. MINTZ, ESQ. in Support re: 8 MOTION for Summary Judgment.. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009) |
| 03/27/2009 | 9 | 140 KB | RULE 56.1 STATEMENT. Document filed by Fox News Network, LLC. (Mintz, Steven) (Entered: 03/27/2009) |
| 03/27/2009 | 8 | 27 KB | MOTION for Summary Judgment. Document filed by Fox News Network, LLC. Responses due by 4/17/2009(Mintz, Steven) (Entered: 03/27/2009) |
| 03/04/2009 | 7 | 288 KB | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Steven G. Mintz dated 3/3/09 re: Counsel for Plaintiff request an immediate conference to discuss the refusal by the Board of Governors of the Federal Reserve System to search the records of the twelve Federal Reserve Banks--even though the Board's counsel acknowledged during the 2/25/09 court-ordered meeting that the FRBs have records that are responsive to Fox Business's expedited FOIA requests. ENDORSEMENT: The request for a conference is denied. The procedure to revise disputes is described is my Individual Rule 2E. Proceeding under the Federal Rules of Civil Procedure is also appropriate. I do not entertain letters from one attorney complaining about another attorney or party. (Signed by Judge Alvin K. Hellerstein on 3/4/09) (tro) (Entered: 03/04/2009) |
| 02/19/2009 | 5 | 129 KB | ANSWER to Complaint. Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne) (Entered: 02/19/2009) |
| 01/27/2009 | 4 | 90 KB | STIPULATION AND ORDER: 1. On or before February 19, 2009, defendant shall answer the complaint and provide Vaughn indexes (Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973) for both of plaintiffs Freedom of Information Act ("FOIA")requests (FOIA request no. 200910073 dated November 10, 2008, and FOIA request no. 2009100106 dated November 18, 2008). 2. Defendant hereby waives all objections to subject matter jurisdiction and any claim that plaintiff failed to exhaust its administrative remedies. Plaintiff hereby withdraws its administrative appeal of FOIA request no. 2009100106 filed with defendant on or about January 19, 2009. Plaintiff hereby withdraws its Motion for Preliminary Injunction and Order to Show Cause filed with the Com on January 15, 2009. 3. The parties shall meet face-to-face on February 25, 2009, at the offices of Mintz & Gold LLP, for no less than two hours, to discuss defendant's Vaughn indexes 4. The last day for the parties 10 cross-move for summary judgment is March 27, 2009. 5. Opposition papers to the cross-motions arc due on April 17, 2009. So Ordered (Signed by Judge Alvin K. Hellerstein on 1/26/09) (js) (Entered: 01/27/2009) |
| 01/26/2009 | 6 | NA | TRANSCRIPT of proceedings held on 1/22/09 before Judge Alvin K. Hellerstein. (ama) (Entered: 02/27/2009) - Ghost Note: There was no document available for download on PACER. |
| 01/21/2009 | 3 | NA | AFFIDAVIT OF SERVICE. Board of Governors of the Federal Reserve System served on 1/13/2009, answer due 3/16/2009. Service was accepted by Civil Processing Clerk. Service was made by Mail. Document filed by Fox News Network, LLC. (Ostensen, Paul) (Entered: 01/21/2009) |
| 01/12/2009 | 2 | NA | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fox Entertainment Group, Inc. and News Corporation as Corporate Parent. Document filed by Fox News Network, LLC.(ama) (Entered: 01/13/2009) |
| 01/12/2009 | Case Designated ECF. (ama) (Entered: 01/13/2009) | ||
| 01/12/2009 | Magistrate Judge Kevin Nathaniel Fox is so designated. (ama) (Entered: 01/13/2009) | ||
| 01/12/2009 | SUMMONS ISSUED as to Board of Governors of the Federal Reserve System, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 01/13/2009) | ||
| 01/12/2009 | 1 | 311 KB | COMPLAINT against Board of Governors of the Federal Reserve System. (Filing Fee $ 350.00, Receipt Number 674452)Document filed by Fox News Network, LLC.(ama) (Entered: 01/13/2009) |
Forward any document link errors to/span> ghostofreagan@yahoo.com