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Case TitleUNITED DEVELOPMENT FUNDING III, L.P et al v. U.S. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02294
Date Filed2023-08-08
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffUNITED DEVELOPMENT FUNDING III, L.P
PlaintiffUNITED DEVELOPMENT FUNDING IV
Case DescriptionUnited Development Funding submitted FOIA requests to the SEC for records concerning the SEC's Hayman Capital Investigation. The agency acknowledged receipt of the requests. United Development filed several administrative appeals but after hearing nothing further from the agency, United Development Funding filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. SECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
Complaint attachment 26
Complaint attachment 27
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-081COMPLAINT against UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV ( Filing fee $ 402 receipt number ADCDC-10262241) filed by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Errata W, # 24 Civil Cover Sheet CIVIL COVER SHEET, # 25 Summons SUMMONS - USAO DC, # 26 Summons SUMMONS - SEC, # 27 Summons SUMMONS - AG)(Hodge, Johnjerica) (Entered: 08/08/2023)
2023-08-09Case Assigned to Judge Trevor N. McFadden. (zrtw) (Entered: 08/09/2023)
2023-08-102STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 8/10/2023. (lctnm2) (Entered: 08/10/2023)
2023-08-103SUMMONS (3) Issued Electronically as to U.S. SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 08/10/2023)
2023-08-154RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SECURITIES AND EXCHANGE COMMISSION served on 8/11/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/14/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/14/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 9/13/2023.) (Hodge, Johnjerica) (Entered: 08/15/2023)
2023-08-155MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan J. Meyer, Filing fee $ 100, receipt number ADCDC-10279348. Fee Status: Fee Paid. by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Hodge, Johnjerica) (Entered: 08/15/2023)
2023-08-156MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace A. Caputo, Filing fee $ 100, receipt number ADCDC-10279411. Fee Status: Fee Paid. by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Hodge, Johnjerica) (Entered: 08/15/2023)
2023-08-16MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/16/2023. (lctnm2) (Entered: 08/16/2023)
2023-08-16MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/16/2023. (lctnm2) (Entered: 08/16/2023)
2023-08-227NOTICE of Appearance by Ryan Meyer on behalf of All Plaintiffs (Meyer, Ryan) (Entered: 08/22/2023)
2023-08-228NOTICE of Appearance by Grace Caputo on behalf of All Plaintiffs (Caputo, Grace) (Entered: 08/22/2023)
2023-08-319NOTICE of Appearance by Mark Robert Tallarico on behalf of All Defendants (Tallarico, Mark) (Entered: 08/31/2023)
2023-09-0110Consent MOTION for Extension of Time to File Answer by U.S. SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Text of Proposed Order Proposed Order for Consent Motion for Enlargement of Time to Answer)(Tallarico, Mark) (Entered: 09/01/2023)
2023-09-01MINUTE ORDER granting 10 Consent Motion for Extension of Time. Defendant's responsive pleading shall now by due by October 4, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/1/2023. (lctnm2) (Entered: 09/01/2023)
2023-09-2911ANSWER to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION.(Tallarico, Mark) (Entered: 09/29/2023)
2023-09-29MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiffs' FOIA request, the anticipated number of documents responsive to Plaintiffs' FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before October 23, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/29/2023. (lctnm2) (Entered: 09/29/2023)
2023-10-2312Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 10/23/2023)
2023-10-23MINUTE ORDER: After considering the 12 Joint Status Report, the Court ORDERS the parties to file another JSR by November 22, 2023, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/23/2023. (lctnm2) (Entered: 10/23/2023)
2023-11-2113Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 11/21/2023)
2023-11-21MINUTE ORDER: After considering the 13 Joint Status Report, the Court ORDERS the parties to file another JSR by December 21, 2023, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/21/2023. (lctnm2) (Entered: 11/21/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Trevor N. McFadden is no longer assigned to the case. (rj) (Entered: 12/14/2023)
2023-12-2114Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 12/21/2023)
2023-12-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , the Court ORDERS that the parties shall file a status report on or before January 22, 2024. Signed by Judge Loren L. AliKhan on 12/21/2023. (lclla2) (Entered: 12/21/2023)
2023-12-22Set/Reset Deadlines/Hearings: Joint Status Report due by 1/22/2024. (zcdw) (Entered: 12/22/2023)
2023-12-22ENTERED IN ERROR.......Set/Reset Deadlines/Hearings: Status Report due by 2/15/2024. (zcdw) Modified on 1/5/2024 (zcdw). (Entered: 12/22/2023)
2024-01-2215Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 01/22/2024)
2024-01-23MINUTE ORDER: Upon consideration of the parties' joint status report 15 , it is hereby ORDERED that the parties shall file another joint status report on or before February 21, 2024. Signed by Judge Loren L. AliKhan on 01/23/2024. (lclla2) (Entered: 01/23/2024)
2024-01-23Set/Reset Deadlines/Hearings: Joint Status Report due by 2/21/2024. (zcdw) (Entered: 01/23/2024)
2024-02-2116Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 02/21/2024)
2024-02-21MINUTE ORDER: Upon consideration of the parties' joint status report 16 , it is hereby ORDERED that the parties shall file another joint status report on or before March 22, 2024. Signed by Judge Loren L. AliKhan on 02/21/2024. (lclla2) Modified on 2/21/2024 to add order type (zcdw). (Entered: 02/21/2024)
2024-02-21Set/Reset Deadlines/Hearings: Joint Status Report due by 3/22/2024. (zcdw) (Entered: 02/21/2024)
2024-03-2217Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 03/22/2024)
2024-03-22MINUTE ORDER: Upon consideration of the parties' joint status report 17 , it is hereby ORDERED that the parties shall file another joint status report on or before April 22, 2024. Signed by Judge Loren L. AliKhan on 03/22/2024. (lclla2) (Entered: 03/22/2024)
2024-03-24Set/Reset Deadlines/Hearings: Joint Status Report due by 4/22/2024. (zcdw) (Entered: 03/24/2024)
2024-04-2218Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 04/22/2024)
2024-04-22MINUTE ORDER: Upon consideration of the parties' joint status report 18 , it is hereby ORDERED that the parties shall file another joint status report on or before May 22, 2024. Signed by Judge Loren L. AliKhan on 04/22/24. (lclla2) (Entered: 04/22/2024)
2024-04-22Set/Reset Deadlines/Hearings: Joint Status Report due by 5/22/2024. (zcdw) (Entered: 04/22/2024)
2024-05-2219Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 05/22/2024)
2024-05-23MINUTE ORDER: Upon consideration of the parties' joint status report 19 , it is hereby ORDERED that the parties shall file another joint status report on or before June 21, 2024. Signed by Judge Loren L. AliKhan on 05/23/2024. (lclla2) (Entered: 05/23/2024)
2024-05-27Set/Reset Deadlines/Hearings: Joint Status Report due by 6/21/2024. (zcdw) (Entered: 05/27/2024)
2024-06-2120Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 06/21/2024)
2024-06-21MINUTE ORDER: Upon consideration of the parties' joint status report 20 , it is hereby ORDERED that the parties shall file another joint status report on or before July 22, 2024. Signed by Judge Loren L. AliKhan on 06/21/2024. (lclla2) (Entered: 06/21/2024)
2024-06-24Set/Reset Deadlines/Hearings: Joint Status Report due by 7/22/2024. (zcdw) (Entered: 06/24/2024)
2024-07-2221Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 07/22/2024)
2024-07-23MINUTE ORDER: Upon consideration of the parties' joint status report 21 , it is hereby ORDERED that the parties shall file another joint status report on or before August 21, 2024. Signed by Judge Loren L. AliKhan on 07/23/2024. (lclla2) (Entered: 07/23/2024)
2024-07-23Set/Reset Deadlines/Hearings: Joint Status Report due by 8/21/2024. (zcdw) (Entered: 07/23/2024)
2024-08-2122Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 08/21/2024)
2024-08-21MINUTE ORDER: Upon consideration of the parties' joint status report 22 , it is hereby ORDERED that the parties shall file another joint status report on or before September 20, 2024. Signed by Judge Loren L. AliKhan on 08/21/2024. (lclla2) (Entered: 08/21/2024)
2024-08-21Set/Reset Deadlines/Hearings: Joint Status Report due by 9/20/2024. (zcdw) (Entered: 08/21/2024)
2024-09-2023Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Tallarico, Mark) (Entered: 09/20/2024)
2024-09-20MINUTE ORDER: Upon consideration of the parties' joint status report 23 , it is hereby ORDERED that the parties shall file another joint status report on or before October 21, 2024. Signed by Judge Loren L. AliKhan on 09/20/2024. (lclla2) (Entered: 09/20/2024)
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