Cedar Band of Paiutes et al v. Department of Housing and Urban Development et al
Plaintiff: CBC Mortgage Agency, Cedar Band of Paiutes and Cedar Band Corporation
Defendant: Benjamin S. Carson, Sr., Department of Housing and Urban Development, Brian D. Montgomery and Federal Housing Administration
Amicus Curiae: Data Mortgage, American Financial Network, Washington State Housing Finance Commission, Pennsylvania Housing Finance Agency, Alaska Housing Finance Corporation, Wyoming Community Development Authority, Idaho Housing and Finance Association, Tennessee Housing Development Agency and Virginia Housing Development Authority
Case Number: 4:2019cv00030
Filed: April 22, 2019
Court: US District Court for the District of Utah
Office: Southern Region Office
Presiding Judge: Paul Kohler
Referring Judge: David Nuffer
Nature of Suit: Other Statutory Actions
Cause of Action: 05:0551
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2019 Filing 88 JUDGMENT: Complaint is dismissed without prejudice - CASE CLOSED. Magistrate Judge Paul Kohler no longer assigned to case. Signed by Judge David Nuffer on 8/29/19 (alt)
August 29, 2019 Opinion or Order Filing 87 ORDER granting #84 Motion to Dismiss without prejudice; finding as moot #81 Motion to Enforce Preliminary Injunction. Signed by Judge David Nuffer on 8/29/19 (alt)
August 26, 2019 Filing 86 RESPONSE to Motion re #84 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Christiansen, Jeremy)
August 23, 2019 Filing 85 MEMORANDUM in Opposition re #81 Plaintiff's MOTION to Enforce Preliminary Injunction Dkt. 77 and Memorandum in Support filed by Defendants Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Bennett, Jared)
August 23, 2019 Filing 84 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Attachments: #1 Exhibit 1: Declaration of Julie Shaffer)(Bennett, Jared)
August 20, 2019 Filing 83 STATUS REPORT by Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Bennett, Jared)
August 9, 2019 Filing 82 EXHIBITS filed by CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes re #81 Plaintiff's MOTION to Enforce Preliminary Injunction Dkt. 77 and Memorandum in Support . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Christiansen, Jeremy)
August 9, 2019 Filing 81 Plaintiff's MOTION to Enforce Preliminary Injunction Dkt. 77 and Memorandum in Support filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul Kohler.(Christiansen, Jeremy)
July 30, 2019 Opinion or Order Filing 80 ORDER granting #75 Motion re Scheduling Order: parties shall submit a joint status update advising the Court as to how the parties believe the case should proceed by 8/20/19. Signed by Magistrate Judge Paul Kohler on 7/30/19 (alt)
July 25, 2019 Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction held on July 16, 2019, before Judge David Nuffer. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/23/2019 (alt) Modified by removing restricted text on 10/23/2019 (rgj).
July 23, 2019 Opinion or Order Filing 77 MEMORANDUM DECISION AND WRITTEN ORDER/PRELIMINARY INJUNCTION FOLLOWING 76 Minute Order on Motion for Preliminary Injunction (oral order of 7/16/19). Defendants are enjoined from any enforcement of Mortgagee Letter 19-06 until further order of this court. Signed by Judge David Nuffer on 7/23/19 (alt)
July 16, 2019 Filing 76 Minute Order. Proceedings held before Judge David Nuffer: granting #6 Motion for Preliminary Injunction; Motion Hearing held on 7/16/2019 re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Cedar Band Corporation, CBC Mortgage Agency, Cedar Band of Paiutes.Minute Entry for Proceedings before Judge David Nuffer: Hearing on Plaintiffs #6 Motion for Preliminary Injunction. Counsel present. The Court hears argument on the Motion. The Court GRANTS the #6 Motion. Defendants are ENJOINED from any enforcement of Mortgagee Letter 19-06 until further order of this court. Specifically, Defendants shall not deny insurance nor cause insurance to be denied based on non-compliance with the Mortgagee Letter 19-06, and shall provide public notice that the effective date of the Mortgagee Letter 19-06 is suspended until after a final determination on the merits of the case. Attorneys for Plaintiff: Lucas Townsend, Jeremy Christiansen, Michelle Rogers. Attorneys for Defendants: Jared Bennett, Amber Richer. Counsel for Amici: Taki Flevaris. Court Reporter: Electronic. (Time Start 1:29 p.m, End: 3:39 p.m.), Room 2B St. George. Written Order to follow oral order: Yes. Written Order to follow oral order: Yes. (asb)
July 8, 2019 Filing 75 Joint MOTION for Scheduling Order filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul Kohler.(Christiansen, Jeremy)
June 26, 2019 Filing 74 AFFIDAVIT/DECLARATION of Michael Whipple in Support re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Christiansen, Jeremy)
June 26, 2019 Filing 73 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Christiansen, Jeremy)
June 14, 2019 Filing 72 Amici Curiae BRIEF re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Amicus Parties American Financial Network, Data Mortgage. (Attachments: #1 Declaration of Roland Weedon, #2 Declaration of Andrew Kalyviaris)(Conway, Janet)
June 14, 2019 Opinion or Order Filing 71 ORDER granting #70 Motion to File Amicus Brief. Signed by Magistrate Judge Paul Kohler on 6/14/19 (alt)
June 14, 2019 Modification of Docket re #64 Brief. Error: Amici Brief was not filed correctly. Correction: Incorrectly added text has been removed and brief is now linked to related #6 motion so the main part of the entry text reads simply "Amici Curiae BRIEF in Opposition to #6 Motion for Preliminary Injunction filed by..." (alt)
June 11, 2019 Filing 70 Third Party MOTION to File Amicus Brief and Memorandum in Support re Plaintiffs' Motion for Preliminary Injunction filed by Movants American Financial Network, Data Mortgage. (Attachments: #1 Exhibit Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction, #2 Exhibit Declaration of Roland Weedon in Support of Amici Curiae Brief, #3 Exhibit Declaration of Andrew Kalyviaris in Support of Amici Curiae Brief, #4 Text of Proposed Order Text of Proposed Order) Motions referred to Paul Kohler.(Conway, Janet) Modified on 6/14/2019: removed incorrectly added text (alt)
June 7, 2019 Filing 69 MEMORANDUM in Opposition re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendants Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Attachments: #1 Exhibit A: Declaration of Volky Garcia)(Bennett, Jared)
June 7, 2019 Opinion or Order Filing 68 ORDER granting #67 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Paul Kohler on 6/7/19 (alt)
June 5, 2019 Filing 67 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendants Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Attachments: #1 Exhibit Memorandum in Opposition to Plaintiffs' Motion for Preleminary Injunction, #2 Text of Proposed Order) Motions referred to Paul Kohler.(Bennett, Jared)
June 5, 2019 Filing 66 NOTICE OF WITHDRAWAL OF COUNSEL of David L. Permut filed by David L. Permut on behalf of CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes (Permut, David)
May 24, 2019 Filing 65 DECLARATION of Taki V. Flevaris re #64 Brief, filed by Alaska Housing Finance Corporation, Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Virginia Housing Development Authority, Washington State Housing Finance Commission, Wyoming Community Development Authority. (Tejeda, Engels)
May 24, 2019 Filing 64 Amici Curiae BRIEF in Opposition to #6 Motion for Preliminary Injunction filed by Amicus Parties Alaska Housing Finance Corporation, Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Virginia Housing Development Authority, Washington State Housing Finance Commission, Wyoming Community Development Authority. (Tejeda, Engels) Modified on 6/14/2019: corrected entry text and added linked to underlying motion (alt)
May 23, 2019 Opinion or Order Filing 63 ORDER granting #57 Joint MOTION to Amend Scheduling Order. Motion Hearing re #6 MOTION for Preliminary Injunction is reset for 7/16/2019 at 01:30 PM in Room 2B (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 5/23/19 (NOTE: No Scheduling Order has been entered in this case) (alt)
May 23, 2019 Opinion or Order Filing 62 ORDER granting #59 Motion to File Amicus Brief. Signed by Magistrate Judge Paul Kohler on 5/23/19 (alt)
May 23, 2019 Opinion or Order Filing 61 DOCKET TEXT ORDER granting #55 Motion for Admission Pro Hac Vice of Paul J. Lawrence; granting #56 Motion for Admission Pro Hac Vice of Taki V. Flevaris both for Alaska Housing Finance Corporation, Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Virginia Housing Development Authority, Washington State Housing Finance Commission, Wyoming Community Development Authority. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Magistrate Judge Paul Kohler on 5/23/19 (docket text only - no attached document) (alt) Modified by correcting attorney name on 5/23/2019 (rks).
May 22, 2019 Filing 60 NOTICE OF ERROR/CORRECTION re #54 MOTION to File Amicus Brief. The filing parties were not completely identified to the court on 5/20 so not all parties were selected when motion was filed. Motion has been re-filed with all parties correctly selected as #59 Motion. (alt)
May 22, 2019 Filing 59 MOTION to File Amicus Brief by Alaska, Idaho, Pennsylvania, Tennessee, Virginia, Washington and Wyoming State Housing Finance Agencies and Memorandum in Support filed by Movants Alaska Housing Finance Corporation, Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Washington State Housing Finance Commission, Wyoming Community Development Authority, Notice Party Virginia Housing Development Authority. (Attachments: #1 Exhibit - Proposed Amicus Brief, #2 Exhibit Declaration of Taki V. Flevaris in Support of Memorandum, #3 Text of Proposed Order) Motions referred to Paul Kohler.(Tejeda, Engels) Modified on 5/22/2019: corrected exhibit description (alt).
May 22, 2019 Filing 58 ANSWER to Complaint filed by Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery.(Bennett, Jared)
May 22, 2019 Filing 57 Joint MOTION for Amended Scheduling Order and Memorandum in Support filed by Defendants Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Bennett, Jared)
May 20, 2019 Filing 56 MOTION for Admission Pro Hac Vice of Taki V. Flevaris , Registration fee $ 250, receipt number 1088-3280050, filed by Movants Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Washington State Housing Finance Commission, Wyoming Community Development Authority, Notice Party Virginia Housing Development Authority. (Attachments: #1 Text of Proposed Order)(Tejeda, Engels)
May 20, 2019 Filing 55 MOTION for Admission Pro Hac Vice of Paul J. Lawrence , Registration fee $ 250, receipt number 1088-3280046, filed by Movants Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Washington State Housing Finance Commission, Wyoming Community Development Authority, Notice Party Virginia Housing Development Authority. (Attachments: #1 Text of Proposed Order)(Tejeda, Engels)
May 20, 2019 Filing 54 REFILED AS #59 MOTION - MOTION to File Amicus Brief by State Housing Finance Agencies of Alaska, Idaho, Pennsylvania, Tennessee, Virginia, Washington, and Wyoming and Memorandum in Support filed by Movants Idaho Housing and Finance Association, Pennsylvania Housing Finance Agency, Tennessee Housing Development Agency, Washington State Housing Finance Commission, Wyoming Community Development Authority, Notice Party Virginia Housing Development Authority. (Attachments: #1 Exhibit Amici Curiae Brief of the Housing Finance Agencies of Alaska, Idaho, Pennsylvania, Tennessee, Virginia, Washington, and Wyoming in Opposition to Motion for Preliminary Injunction, #2 Exhibit Declaration of Taki V. Flevaris in Support of Amici Curiae Brief of State Housing Finance Agencies, #3 Text of Proposed Order) Motions referred to Paul Kohler.(Tejeda, Engels) Modified on 5/22/2019: refiled with all correct parties selected as #59 Motion (alt)
May 8, 2019 Filing 53 **SEALED DOCUMENT** re #52 Notice of Filing,, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of PaiutesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Viswanatha, Veena)
May 8, 2019 Filing 52 NOTICE OF FILING of Materials Requested for June 19, 2019 Hearing re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A - List of Contact Info, #2 Exhibit B - Draft Order, #3 Exhibit C - Case Law Re: HUD, #4 Exhibit D - Citations to Case Law, #5 Exhibit E (Part 1) - Info on CBCMA and DPA, #6 Exhibit E (Part 2) - Supplemental Declaration of Michael Whipple, #7 Exhibit F - Info on Chenoa Fund and its Operations, #8 Exhibit G - Redacted Version of Declaration of Michael Whipple)(Viswanatha, Veena)
May 2, 2019 Filing 51 AMENDED NOTICE OF HEARING ON MOTION re: #32 Joint MOTION for Scheduling Order, #6 MOTION for Preliminary Injunction & for Temporary Restraining Order: Motions Hearing reset for Tuesday, 7/16/2019 at 01:30 PM in Room 2B (St George) before Judge David Nuffer. (moved from 6/19/2019 due to a court scheduling conflict).The Attorney Planning Meeting Report must be filed and the Proposed Scheduling Order must be emailed in word processing format to dj.nuffer@utd.uscourts.gov at least one week before the hearing.Court Address: 206 West Tabernacle, St George, Utah (asb)
April 30, 2019 Opinion or Order Filing 50 DOCKET TEXT ORDER granting #48 Motion for Admission Pro Hac Vice of Michael Flynn; granting #49 Motion for Admission Pro Hac Vice of David Permut: both for CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 4/29/19 (docket text only - no attached document) (alt)
April 29, 2019 Filing 49 MOTION for Admission Pro Hac Vice of David Permut , Registration fee $ 250, receipt number 1088-3262822, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Christiansen, Jeremy)
April 29, 2019 Filing 48 MOTION for Admission Pro Hac Vice of Michael Flynn , Registration fee $ 250, receipt number 1088-3262782, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Christiansen, Jeremy)
April 25, 2019 Filing 47 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to Brian D. Montgomery c/o John W. Huber, U.S. Attorney for the District of Utah)(Christiansen, Jeremy)
April 25, 2019 Filing 46 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to Brian D. Montgomery c/o The Associate General Counsel for Litigation)(Christiansen, Jeremy)
April 25, 2019 Filing 45 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency as to Brian D. Montgomery served on 4/23/2019, answer due 5/14/2019. (Attachments: #1 Exhibit 1- Court Issued Summons as to Brian D. Montgomery c/o William P. Barr, U.S. Attorney General)(Christiansen, Jeremy)
April 25, 2019 Filing 44 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to U.S. Department of Housing and Urban Development c/o John W. Huber, U.S. Attorney for the District of Utah)(Christiansen, Jeremy)
April 25, 2019 Filing 43 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to U.S. Department of Housing and Urban Development c/o The Associate General Counsel for Litigation)(Christiansen, Jeremy)
April 25, 2019 Filing 42 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency as to Department of Housing and Urban Development served on 4/23/2019, answer due 5/14/2019. (Attachments: #1 Exhibit 1- Court Issued Summons as to U.S. Department of Housing and Urban Development c/o William P. Barr, U.S. Attorney General)(Christiansen, Jeremy)
April 25, 2019 Filing 41 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to Federal Housing Administration c/o John W. Huber, U.S. Attorney for the District of Utah)(Christiansen, Jeremy)
April 25, 2019 Filing 40 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to Federal Housing Administration c/o The Associate General Counsel for Litigation)(Christiansen, Jeremy)
April 25, 2019 Filing 39 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency as to Federal Housing Administration served on 4/23/2019, answer due 5/14/2019. (Attachments: #1 Exhibit 1- Court Issued Summons as to Federal Housing Administration c/o William P. Barr, U.S. Attorney General)(Christiansen, Jeremy)
April 25, 2019 Filing 38 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to Benjamin S. Carson, Sr. c/o John Huber, U.S. Attorney General)(Christiansen, Jeremy)
April 25, 2019 Filing 37 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency (Attachments: #1 Exhibit 1- Court Issued Summons as to Benjamin S. Carson, Sr. c/o The Associate General Counsel for Litigation)(Christiansen, Jeremy)
April 25, 2019 Filing 36 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency as to Benjamin S. Carson, Sr served on 4/23/2019, answer due 5/14/2019. (Attachments: #1 Exhibit 1- Court Issued Summons as to Benjamin S. Carson, Sr. c/o William P. Barr, U.S. Attorney General)(Christiansen, Jeremy)
April 25, 2019 Deadlines/Hearings terminated. Status conference previously set for 4/25/2019 at 9:30 a.m. vacated. Hearing continued until 6/19/2019 at 9:00 a.m. (asb)
April 24, 2019 Opinion or Order Filing 35 ORDER granting #32 Joint MOTION to Strike 4/25/19 Motion Hearing. Motion Hearing reset for 6/19/2019 at 09:00 AM in Room 2B (St George) before Judge David Nuffer as to #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Signed by Judge David Nuffer on 4/24/19 (alt)
April 24, 2019 Filing 34 NOTICE OF FILING of Notice of Intent to File Materials Requested for 4/25/19 Hearing re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Viswanatha, Veena)
April 24, 2019 Filing 33 Motions No Longer Referred: #32 Joint MOTION for Scheduling Order and Memorandum in Support Joint MOTION to Strike #23 Order, #31 Order to Propose Schedule, #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, Set Motion Hearing and R&R Deadlines/Hearings, Set/Reset Hearings and Memorandum in Support Ap (asb)
April 24, 2019 Filing 32 Joint MOTION for Scheduling Order and Memorandum in Support , Joint MOTION to Strike #23 Order, #31 Order to Propose Schedule, #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, Set Motion Hearing and R&R Deadlines/Hearings, Set/Reset Hearings and Memorandum in Support April 25, TRO hearing filed by Defendants Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler. Attorney Jared C. Bennett added to party Benjamin S. Carson, Sr(pty:dft), Attorney Jared C. Bennett added to party Department of Housing and Urban Development(pty:dft), Attorney Jared C. Bennett added to party Federal Housing Administration(pty:dft), Attorney Jared C. Bennett added to party Brian D. Montgomery(pty:dft)(Bennett, Jared)
April 23, 2019 Opinion or Order Filing 31 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Judge David Nuffer on 4/23/19 (alt)
April 23, 2019 Opinion or Order Filing 30 DOCKET TEXT ORDER granting #27 Motion for Admission Pro Hac Vice of Michelle L. Rogers; granting #28 Motion for Admission Pro Hac Vice of Veena Viswanatha; granting #29 Motion for Admission Pro Hac Vice of Kathryn Goodman: all for CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 4/23/19 (docket text only - no attached document) (alt)
April 23, 2019 Filing 29 MOTION for Admission Pro Hac Vice of Kathryn Goodman , Registration fee $ 250, receipt number 1088-3257831, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Christiansen, Jeremy)
April 23, 2019 Filing 28 MOTION for Admission Pro Hac Vice of Veena Viswanatha , Registration fee $ 250, receipt number 1088-3257804, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Christiansen, Jeremy)
April 23, 2019 Filing 27 MOTION for Admission Pro Hac Vice of Michelle L. Rogers , Registration fee $ 250, receipt number 1088-3257786, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Christiansen, Jeremy)
April 23, 2019 Opinion or Order Filing 25 DOCKET TEXT ORDER granting #7 Motion for Admission Pro Hac Vice of Helgi C. Walker; granting #8 Motion for Admission Pro Hac Vice of Lucas C. Townsend; granting #9 Motion for Admission Pro Hac Vice of Andrew G.I. Kilberg: all for CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 4/23/19 (docket text only - no attached document) (alt)
April 23, 2019 Opinion or Order Filing 24 ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 4/23/2019. (asb)
April 23, 2019 Opinion or Order Filing 23 ORDER re materials to be submitted prior to the 4/25/19 Status Conference and Hearing on #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Signed by Judge David Nuffer on 4/23/19 (alt)
April 23, 2019 NOTICE OF HEARING as to #6 MOTION for Preliminary Injunction & Temporary Restraining Order:Status Conference & Motion Hearing set for Thursday, 4/25/2019 at 09:30 AM in Rm 7.300 before Judge David Nuffer. (asb)
April 22, 2019 Filing 26 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Federal Housing Administration. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 22 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Brian D. Montgomery; US Attorney-Dist of UT. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 21 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Brian D. Montgomery; US Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 20 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Brian D. Montgomery. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 19 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Federal Housing Administration; US Attorney-Dist of UT. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 18 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Federal Housing Administration; US Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 17 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Federal Housing Administration. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 16 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Benjamin S. Carson, Sr.; US Attorney-Dist of UTInstructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 15 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Benjamin S. Carson, Sr.; US Attorney General Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 14 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Benjamin S. Carson, Sr. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 13 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Department of Housing and Urban Development; US Attorney-Dist of UT. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Department of Housing and Urban Development; US Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Department of Housing and Urban Development. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl)
April 22, 2019 Filing 10 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (asb)
April 22, 2019 Filing 9 MOTION for Admission Pro Hac Vice of Andrew G.I. Kilberg , Registration fee $ 250, receipt number 1088-3256731, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Christiansen, Jeremy)
April 22, 2019 Filing 8 MOTION for Admission Pro Hac Vice of Lucas C. Townsend , Registration fee $ 250, receipt number 1088-3256729, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Christiansen, Jeremy)
April 22, 2019 Filing 7 MOTION for Admission Pro Hac Vice of Helgi C. Walker , Registration fee $ 250, receipt number 1088-3256726, filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Christiansen, Jeremy)
April 22, 2019 Filing 6 MOTION for Preliminary Injunction and Memorandum in Support, MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes. (Attachments: #1 TRO Exhibit Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Christiansen, Jeremy)
April 22, 2019 Filing 5 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff CBC Mortgage Agency identifying Cedar Band Corporation as Corporate Parent. (Christiansen, Jeremy)
April 22, 2019 Filing 4 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Cedar Band Corporation identifying Cedar Band of Paiutes as Corporate Parent. (Christiansen, Jeremy)
April 22, 2019 Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Cedar Band of Paiutes identifying None as Corporate Parent. (Christiansen, Jeremy)
April 22, 2019 Filing 2 COMPLAINT against Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery (Filing fee $ 400, receipt number 1088-3256573) filed by Cedar Band of Paiutes, Cedar Band Corporation, CBC Mortgage Agency. (Attachments: #1 Civil Cover Sheet - Civil Cover Sheet, #2 Exhibit A- Mortgagee Letter, #3 Exhibit B- Declaration of Michael Whipple, #4 Exhibit C- CBC Charter, #5 Exhibit D- CBCMA Charter, #6 Exhibit E- Email from CBCMA to HUD, #7 Exhibit F- Correspondence btwn HUD and Amerifirst, #8 Exhibit G- FAQ correspondence, #9 Exhibit H- Santa Ana correspondence, #10 Exhibit I- HUD decision on NOVA Financial audit, #11 Exhibit J- Internet Sources) Assigned to Judge David Nuffer (Christiansen, Jeremy)
April 22, 2019 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiffs CBC Mortgage Agency, Cedar Band Corporation, Cedar Band of Paiutes is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl)

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Search for this case: Cedar Band of Paiutes et al v. Department of Housing and Urban Development et al
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Plaintiff: CBC Mortgage Agency
Represented By: Michelle L. Rogers
Represented By: Lucas C. Townsend
Represented By: Andrew G.I. Kilberg
Represented By: Veena Viswanatha
Represented By: Helgi C. Walker
Represented By: Kathryn Goodman
Represented By: Jeremy Max Christiansen
Represented By: Michael Flynn
Represented By: David L. Permut
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Plaintiff: Cedar Band of Paiutes
Represented By: Michelle L. Rogers
Represented By: Lucas C. Townsend
Represented By: Andrew G.I. Kilberg
Represented By: Veena Viswanatha
Represented By: Helgi C. Walker
Represented By: Kathryn Goodman
Represented By: Jeremy Max Christiansen
Represented By: Michael Flynn
Represented By: David L. Permut
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Plaintiff: Cedar Band Corporation
Represented By: Michelle L. Rogers
Represented By: Lucas C. Townsend
Represented By: Andrew G.I. Kilberg
Represented By: Veena Viswanatha
Represented By: Helgi C. Walker
Represented By: Kathryn Goodman
Represented By: Jeremy Max Christiansen
Represented By: Michael Flynn
Represented By: David L. Permut
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Defendant: Benjamin S. Carson, Sr.
Represented By: Jared C. Bennett
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Defendant: Department of Housing and Urban Development
Represented By: Jared C. Bennett
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Defendant: Brian D. Montgomery
Represented By: Jared C. Bennett
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Defendant: Federal Housing Administration
Represented By: Jared C. Bennett
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Amicus curiae: Data Mortgage
Represented By: Janet M. Conway
Represented By: Cole S. Cannon
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Amicus curiae: American Financial Network
Represented By: Janet M. Conway
Represented By: Cole S. Cannon
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Amicus curiae: Washington State Housing Finance Commission
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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Amicus curiae: Pennsylvania Housing Finance Agency
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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Amicus curiae: Alaska Housing Finance Corporation
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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Amicus curiae: Wyoming Community Development Authority
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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Amicus curiae: Idaho Housing and Finance Association
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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Amicus curiae: Tennessee Housing Development Agency
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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Amicus curiae: Virginia Housing Development Authority
Represented By: Taki V. Flevaris
Represented By: Engels Tejeda
Represented By: Paul J. Lawrence
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