Monday, September 16, 2019 9:24:29 AM
This is the remanded Collins Lamberth prayer for relief, “a.” is count I, II,III,IV, since they also ask for “d.” and “e.” Steven and Mark cannot (is not wise to) take any action towards the NWS, and for now they will change the letter agreement expected before the end of the month
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for an order and judgment:
a. Declaring that the Net Worth Sweep, and its adoption, are not in
accordance with and violate HERA within the meaning of 5 U.S.C. § 706(2)(C), that
Treasury acted arbitrarily and capriciously within the meaning of 5 U.S.C. § 706(2)(A)
by executing the Net Worth Sweep, and that FHFA’s structure violates the separation of
powers;
b. Enjoining Treasury and its officers, employees, and agents to return to
Fannie and Freddie all dividend payments made pursuant to the Net Worth Sweep or,
alternatively, recharacterizing such payments as a pay down of the liquidation preference
and a corresponding redemption of Treasury’s Government Stock rather than mere
dividends;
c. Vacating and setting aside the Net Worth Sweep, including its provision
sweeping all of the Companies’ net worth to Treasury every quarter;
d. Enjoining FHFA and its officers, employees, and agents from
implementing, applying, or taking any action whatsoever pursuant to the Net Worth
Sweep;
e. Enjoining Treasury and its officers, employees, and agents from
implementing, applying, or taking any action whatsoever pursuant to the Net Worth
Sweep;
f. Awarding Plaintiffs their reasonable costs, including attorneys’ fees,
incurred in bringing this action; and
g. Granting such other and further relief as this Court deems just and proper.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for an order and judgment:
a. Declaring that the Net Worth Sweep, and its adoption, are not in
accordance with and violate HERA within the meaning of 5 U.S.C. § 706(2)(C), that
Treasury acted arbitrarily and capriciously within the meaning of 5 U.S.C. § 706(2)(A)
by executing the Net Worth Sweep, and that FHFA’s structure violates the separation of
powers;
b. Enjoining Treasury and its officers, employees, and agents to return to
Fannie and Freddie all dividend payments made pursuant to the Net Worth Sweep or,
alternatively, recharacterizing such payments as a pay down of the liquidation preference
and a corresponding redemption of Treasury’s Government Stock rather than mere
dividends;
c. Vacating and setting aside the Net Worth Sweep, including its provision
sweeping all of the Companies’ net worth to Treasury every quarter;
d. Enjoining FHFA and its officers, employees, and agents from
implementing, applying, or taking any action whatsoever pursuant to the Net Worth
Sweep;
e. Enjoining Treasury and its officers, employees, and agents from
implementing, applying, or taking any action whatsoever pursuant to the Net Worth
Sweep;
f. Awarding Plaintiffs their reasonable costs, including attorneys’ fees,
incurred in bringing this action; and
g. Granting such other and further relief as this Court deems just and proper.
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