March 7, 2014 |
Filing
54
Amended MEMORANDUM OPINION AND ORDER: defendants shall restore to the plaintiffs all funds that were illegally recaptured for fiscal years through and including FY 2008. The defendants' obligation to restore such funds is subject to the 6-year limitations period provided by 28 U.S.C. § 2401(a); with respect to grant funding for those fiscal years, HUD shall refrain from threatening recapture from the plaintiffs and shall not act upon any threatened recapture; on or before April 15, 20 14, the plaintiffs in each civil action shall submit a proposed form of judgment, specifying the amounts to be paid to each tribe ortribal housing entity and the asserted sources of payment; and for any plaintiff who claims entitlement to payment for underfunding because HUD excluded units from that plaintiff's FCAS in a particular fiscal year, the proposed form of judgment should include a separate itemization for those amounts and may be submitted by May 15, 2014. An Appendix may be provi ded to explain the calculation of the amount owed and the record support for the claim, by Judge Richard P. Matsch on 3/7/2014. (rpmcd) Modified and replaced with Amended Order pursuant to FRCP 60(a) (Order not applicable to this related case) on 3/7/2014 (rpmcd ). (Main Document 54 replaced on 3/7/2014) (rpmcd, ).
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April 19, 2013 |
Filing
53
ORDER DISMISSING CASE with prejudice, each party to bear their own fees, costs, and expenses, by Judge Richard P. Matsch on 4/19/2013. (rpmcd )
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December 26, 2012 |
Filing
49
ORDER Granting 48 re 44 Order: Plaintiff shall file its Statement of Relief Requested on or before March 4, 2013 and Defendants shall file their response to Plaintiff's Statement of Relief Requested on orbefore May 6, 2013, by Judge Richard P. Matsch on 12/26/2012. (rpmcd )
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November 19, 2012 |
Filing
44
ORDER REGARDING BRIEFING SCHEDULE re 43 : On or before December 19, 2012, simultaneous briefs shall be filed by the plaintiffs and defendants in the coordinated cases addressing factual and legal questions pertaining to HUD's authority to recap ture funds awarded in a previous grant year that the grant recipient spent on affordable housing activities. On or before January 18, 2013, plaintiffs in each case shall file a statement of the relief requested and the court's jurisdiction unde r the APA to grant such relief. Proposed supplements to the administrative record may be tendered. Defendants' responses to the plaintiffs' statements are due on or before March 19, 2013, by Judge Richard P. Matsch on 11/19/2012. (rpmcd)
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August 31, 2012 |
Filing
39
ORDER REGARDING INCORPORATED MEMORANDUM OPINION AND ORDER: The Memorandum Opinion and Order filed August 31, 2012, in Fort Peck Housing Authority v. HUD et al., Civil Action No. 05-cv-00018-RPM, is hereby incorporated as an order governing common iss ues in this action; it is FURTHER ORDERED that a coordinated hearing will held at a time to be scheduled for the purpose of addressing procedures for determining issues remaining in this action. All counsel representing the parties must be personally present at the hearing, by Judge Richard P. Matsch on 8/31/2012. (rpmcd)
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April 16, 2012 |
Filing
36
ORDER FOR COORDINATED HEARING: will held at a time to be scheduled and all counsel representing the parties must be personally present at the hearing, by Judge Richard P. Matsch on 4/16/2012. (rpmcd)
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July 26, 2010 |
Filing
15
ORDER Vacating Stay, signed by Judge Richard P. Matsch on 7/26/2010. (rpmcd)
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July 6, 2010 |
Filing
13
ORDER for Consolidated Status Conference. Consolidated status conference will be held on July 23, 2010, at 2:00 p.m. Mountain Daylight Time in Courtroom A201, the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Because o f the geographical dispersion of plaintiffs' counsel, the conference will be held in a courtroom equipped to accommodate counsel who may wish to participate by telephone conference to avoid travel expense. Personal attendance is, of course, pref erred. Counsel who attend by telephone conference will call the court staff at 303-844-4627 by Monday, July 19, 2010, between the hours of 8:00 a.m. and 4:00 p.m. to provide telephone numbers. The conference call will be initiated by the Courts staff, signed by Judge Richard P. Matsch on 7/6/2010. (rpmcd )
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January 20, 2009 |
Filing
6
ORDER Granting 5 Joint Motion for Stay of Proceedings. Action is stayed pending the United States Court of Appeals for the Tenth Circuit's final decision in the pending case of Fort Peck Housing Authority v. United StatesDepartment of Housing and Urban Development et al., Cross Appeal Case Nos. 06-1425 and 06-1447 (the Appeal). The parties shall inform the Court of a decision by the Tenth Circuit regarding the Appeal within 15 days of that decision. Signed by Judge Richard P. Matsch on 1/20/2009.(rpmcd)
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