Bloomberg L.P. v. Board of Governors of the Federal Reserve System

Filing 44

ENDORSED LETTER addressed to Judge Loretta A. Preska from Yvonne F. Mizusawa dated 10/1/09 re: counsel for defendant writes to the Court that the Clerk of the Second Circuit Court of Appeals has requested guidance from this Court with respect to this Courts August 28,2009 Stipulation and Order Staying Order of August 24, 2009 ("Stay Order"). The Stay Order provides that "[t]he Board shall file its notice of appeal accompanied by an emergency stay application within (3) business days after it is authorized to do so~ but in no event later than September 30, 2009...." The Stay Order further provides that "[t]he Court's August 24th Order is hereby stayed pending the outcome of the emergency stay application in the Court of Appeals." The Second Circuit docketed the appeal (09 cv 4083) on October 1, 2009 when paper copies of the Notice of Appeal were received from the Clerk of the Southern District. Because the notice of appeal was filed with the Southern District on September 30, 2009, and because the Emergency Stay Motion was received by the Second Circuit and the parties on September 30th in electronic from, we believe that the Board has complied with the Stay Order and that, by its terms, the Stay Order continues in effect until the outcome of the Emergency Stay Motion in the Court of Appeals. We would ask that you confirm this understanding by endorsing this letter, which we will provide to the Clerk of the Second Circuit and the parties. ENDORSEMENT: So Confirmed. So Ordered. (Signed by Judge Loretta A. Preska on 10/1/09) (pl)

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