Simply put, the Court of Appeals panel wants to hear specific procedural law arguments from the class plaintiffs and defendants related to specific claims presented by the class plaintiffs and the defendants denial of bringing such claims before the federal judiciary.
The panel would like to hear how the class plaintiffs and defendants define and apply available procedural law, including the statutes found in the Federal Tort Claims Act, to argue that US government, its agencies (FHFA as conservator or regulator) and officials can be sued or cannot be sued (grant or non-grant of subject matter jurisdiction, waivers or non-waiver of sovereign immunity) in federal court.
Lamberth's ruling invoked procedural law to dismiss the class plaintiffs' case and not substantive law. Therefore, the panel is directing the class plaintiffs and defendants to specifically address these aspects of procedural law in a new set of briefs dedicated to the panel's requests.
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