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Re: Blushing green post# 41971

Sunday, 09/30/2018 11:14:18 PM

Sunday, September 30, 2018 11:14:18 PM

Post# of 45468
Hi Blushing green, the 9/28/2018 Lamberth Memorandum Opinion was read. Lamberth carries out the legal duties (remand) given him by the Court of Appeals.

Lamberth granted the Defendants' motions to dismiss the Plaintiffs' claims related to:

* breach of contract (failed to state a claim)

* breach of fiduciary duty (preempted by HERA)

* violation of Delaware and Virginia statutory law governing dividends
(failed to state a claim)

* derivative claims of a breach of fiduciary duty by the FHFA (Class
Action Plaintiffs)(preempted by HERA)

* APA violations.

* Injunctive relief and damages

Lamberth granted the Plaintiffs's claims for:

* breach of the implied covenant of good faith and fair dealing (a valid claim was stated).

(See page 9)

No opinion on this outcome. Is there anything more to say when injunctive relief and damages are dismissed?

The claim of a breach of the implied covenant of good faith and fair dealing will go forward and towards what result? We have to wait to see what that will be.

The next court date for me is unknowable.

The usual waiting is required.

Source:
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv1053-82