Fannie Mae Preferred S (FNMAS)

[rosen62]

Judge Royce C Lamberth - Friday 21st


Memorandum in opposition to re32 MOTION to Dismiss All Claims and, in the Alternative, for Summary Judgment as to Plaintiffs Arbitrary and Capricious Claims and Memorandum in Support MOTION for Summary Judgment,31 MOTION to Dismiss or, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed by PERRY CAPITAL LLC.(Olson, Theodore)

Text of Proposed Order
Declaration of Michael C. Neus
Declaration of Eugene G. Ballard
Declaration of Bruce R. Berkowitz
Declaration of Sean Beatty


Cross MOTION for Summary Judgment on Administrative Procedure Act Claims by PERRY CAPITAL LLC(Olson, Theodore)

Text of Proposed Order
Declaration of Michael C. Neus
Declaration of Eugene G. Ballard
Declaration of Bruce R. Berkowitz
Declaration of Sean Beatty


"... the Court is of the opinion that Plaintiffs are entitled to judgment as a matter of law on their claims that the Third Amendment to Preferred Stock Purchase Agreements executed by Defendants Department of the Treasury and the Federal Housing Finance Agency, on behalf of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (collectively, the “Companies”), on August 17, 2012, is not in accordance with the Housing and Economic Recovery Act of 2008, 12 U.S.C. §§ 1455, 1719, 4617, within the meaning of 5 U.S.C. § 706(2)(C); and that Defendants acted arbitrarily and capriciously within the meaning of 5 U.S.C. § 706(2)(A) by executing the Third Amendment."

Another victory!