“Administrative Record” here means the "entire" rulemaking record to be certified to the Northern District of Iowa Court as the record to be used to review the FHFA's regulatory actions in accordance with the Administrative Procedures Act (“APA”), 5 U.S.C. § Section 706 - see https://www.law.cornell.edu/uscode/text/5/706).
what does that mean?
It this case, it means the record to be used to review the FHFA's regulatory action of making and agreeing to the third amendment to the PSPSA's in conjunction with the US Treasury. By judicial standards, the administrative record contains all the material considered, directly or indirectly, by the FHFA's upper level decision makers in planning out and reaching agreement with the US Treasury's in formation and signing of the third amendment to the PSPAs. The administrative record also includes a FHFA affidavit that states and certifies the content and accuracy of the administrative record submitted and an itemized index of the contents of the record that is certified and submitted.
if they don't file, then they have no filing on file right as their original filing was made moot.
Access to Document 60 is needed. Not on Pacer at the moment.
Is this positive? neutral? how so?
As is well known the FHFA administrative record has been a bone of contention with the Defendants who have resisted at every turn to submit a substantive administrative record related to the historical formation and execution of the third amendment to the PSPAs.
One reason for the resistance is that the administrative record reveals FHFA's historical knowledge, events and actions, both non-deliberative and deliberative, that were used in making and carrying out the Net Worth Sweep. By having the administrative record for review, it is anticipated by the Plaintiffs' in this case, as well as in others, that facts will be revealed that fully supports the allegations regarding the FHFA's and US Treasury foreknowledge of the coming and great profitability of the GSEs and the subsequent, illegal, capricious and arbritrary moves made to gain in perpetuity all net profits of the GSEs and to wind them down without being in receivership. This is expected to lead to a summary judgment in the favor of the Plaintiffs (See: http://gselinks.com/Court_Filings/Saxton/15-00047-0023.pdf)
does it expedite anything?
Perhaps. The administrative record must be filed no later than March 10, 2016.
why can't we just do this amicably, we, as a country, have other problems to solve like homelessness.
The conflict between securing billions in cash to US Treasury coffers to pay for whatever federal deficits and US government power and control of the secondary mortgage and housing market vs. upholding constitutional, federal and state law, insuring GSE viability as publicly traded companies, GSE stock values, shareholder rights and dividends? The government and its agencies vs. the US Constitution, economic system and people?
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