PRAYER FOR RELIEF-Bhatti
WHEREFORE, Plaintiffs pray for an order and judgment:
1. Declaring that FHFA’s structure violates the separation of powers and
declaring void the provisions of HERA that purport to insulate FHFA’s director from
oversight by the President.
2. Entering an injunction that restores plaintiffs to the position they would have
been in were it not for the unconstitutional removal restriction. At a minimum, such an
injunction should direct Defendants to either (a) reduce the liquidation preference on
Treasury’s senior preferred stock to zero and end further increases to the liquidation
preference except as necessary to offset any further draws on Treasury’s funding
commitment; or (b) convert Treasury’s senior preferred stock to common stock.
3. Entering an injunction directing Defendants to provide any other credits or
adjustments that are necessary to put plaintiffs in the position they would have been in were
it not for the unconstitutional removal restriction.
4. Entering an order setting aside the agency action maintaining Treasury’s
liquidation preference; or, in the alternative, entering an order compelling agency action to
eliminate Treasury’s liquidation preference.
5. Awarding Plaintiffs their reasonable costs, including attorneys’ fees,
incurred in bringing this action; and
6. Granting such other and further relief as this Court deems just and proper.
Dated: January 26, 2022
Scott G. Knudson
Taft, Stettinius & Hollister LLP
2200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
(612) 977-8400
Respectfully submitted,
/s/ David H. Thompson
David H. Thompson
Charles J. Cooper
Peter A. Patterson
Brian W. Barnes
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, D.C. 20036
(202) 220-9600
Counsel for Plaintiff
