Cedar Band of Paiutes et al v. Department of Housing and Urban Development et al
| CBC Mortgage Agency, Cedar Band of Paiutes and Cedar Band Corporation |
| Benjamin S. Carson, Sr., Department of Housing and Urban Development, Brian D. Montgomery and Federal Housing Administration |
| 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 |
| 4:2019cv00030 |
| April 22, 2019 |
| US District Court for the District of Utah |
| Southern Region Office |
| Paul Kohler |
| David Nuffer |
| Other Statutory Actions |
| 05 U.S.C. § 0551 |
| None |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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| 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) |
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)
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| 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) |
| 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) |
| 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) |
| Filing 83 STATUS REPORT by Benjamin S. Carson, Sr, Department of Housing and Urban Development, Federal Housing Administration, Brian D. Montgomery. (Bennett, Jared) |
| 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) |
| 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) |
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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)
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| 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). |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 71
ORDER granting #70 Motion to File Amicus Brief. Signed by Magistrate Judge Paul Kohler on 6/14/19 (alt)
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| 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) |
| 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) |
| 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) |
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Filing 68
ORDER granting #67 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Paul Kohler on 6/7/19 (alt)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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Filing 62
ORDER granting #59 Motion to File Amicus Brief. Signed by Magistrate Judge Paul Kohler on 5/23/19 (alt)
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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).
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| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff CBC Mortgage Agency identifying Cedar Band Corporation as Corporate Parent. (Christiansen, Jeremy) |
| 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) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Cedar Band of Paiutes identifying None as Corporate Parent. (Christiansen, Jeremy) |
| 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) |
| 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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