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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 Number1:2023cv03804
Date Filed2023-12-21
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffUNITED DEVELOPMENT FUNDING III, L.P
PlaintiffUNITED DEVELOPMENT FUNDING IV
Case DescriptionUnited Development Funding submitted a FOIA request to the SEC for records concerning communications between agency staff and Hayman Capital related to the agency's Hayman Capital Investigation. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, United Development Fund filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. SECURITIES AND EXCHANGE COMMISSION
DefendantSECURITIES AND EXCHANGE COMMISSION
100 F Street, NE
Washington, DC 20549
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-211COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 405 receipt number ADCDC-10577684) filed by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to Civil Process Clerk, # 3 Summons as to SEC, # 4 Summons as to Attorney General)(Hodge, Johnjerica) (Entered: 12/21/2023)
2023-12-22Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 12/22/2023)
2023-12-222STANDING 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 12/22/2023. (lctnm2) (Entered: 12/22/2023)
2023-12-263SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 12/26/2023)
2023-12-274MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan J. Meyer, Filing fee $ 100, receipt number ADCDC-10584114. Fee Status: Fee Paid. by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Attachments: # 1 Exhibit 1 PHV Declaration and Certification of Attorney, # 2 Proposed Order)(Hodge, Johnjerica) (Entered: 12/27/2023)
2023-12-28NOTICE OF ERROR regarding 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan J. Meyer, Filing fee $ 100, receipt number ADCDC-10584114. Fee Status: Fee Paid.. The following error(s) need correction: Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata (mg) (Entered: 12/28/2023)
2023-12-285MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace Caputo, Filing fee $ 100, receipt number ADCDC-10584870. Fee Status: Fee Paid. by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Hodge, Johnjerica) (Entered: 12/28/2023)
2023-12-28NOTICE OF ERROR regarding 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace Caputo, Filing fee $ 100, receipt number ADCDC-10584870. Fee Status: Fee Paid.. The following error(s) need correction: Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata (mg) (Entered: 12/28/2023)
2024-01-166CERTIFICATE OF SERVICE by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV re 1 Complaint, . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hodge, Johnjerica) (Entered: 01/16/2024)
2024-01-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/28/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 1/27/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/29/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SECURITIES AND EXCHANGE COMMISSION served on 12/27/2023. (See docket entry 6 to view document). (mg) (Entered: 01/16/2024)
2024-01-268ANSWER to Complaint by U.S. SECURITIES AND EXCHANGE COMMISSION.(Cheng, Esther) (Entered: 01/26/2024)
2024-01-29MINUTE 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 Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's 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 March 15, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/29/2024. (lctnm2) (Entered: 01/29/2024)
2024-02-029ERRATA by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV re 4 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Exhibit COGS - Texas)(Meyer, Ryan) (Entered: 02/02/2024)
2024-02-0210ERRATA by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV re 5 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Exhibit COGS TX)(Caputo, Grace) (Entered: 02/02/2024)
2024-02-02MINUTE ORDER granting 4 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 . (lctnm2) (Entered: 02/02/2024)
2024-02-02MINUTE 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. (lctnm2) (Entered: 02/02/2024)
2024-02-0211NOTICE of Appearance by Ryan Meyer on behalf of All Plaintiffs (Meyer, Ryan) (Entered: 02/02/2024)
2024-02-0212NOTICE of Appearance by Grace Caputo on behalf of All Plaintiffs (Caputo, Grace) (Entered: 02/02/2024)
2024-03-1513Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 03/15/2024)
2024-03-15MINUTE ORDER: After considering the 13 Joint Status Report, the Court ORDERS the parties to file another JSR by April 15, 2024, updating the Court on the progress of their resolution efforts. The Court FURTHER ORDERS that after all productions are complete and before parties propose a briefing schedule for summary judgment motions they shall meet in-person to discuss the sufficiency of Defendant's productions. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. Signed by Judge Trevor N. McFadden on 3/15/2024. (lctnm2) (Entered: 03/15/2024)
2024-04-1514Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 04/15/2024)
2024-04-15MINUTE ORDER: After considering the 14 Joint Status Report, the Court ORDERS the parties to file another JSR by May 15, 2024, 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 4/15/2024. (lctnm2) (Entered: 04/15/2024)
2024-04-16Set/Reset Deadlines: Joint Status Report due by 5/15/2024. (hmc) (Entered: 04/16/2024)
2024-05-1515Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 05/15/2024)
2024-05-17MINUTE ORDER: After considering the 15 Joint Status Report, the Court ORDERS the parties to file another JSR by June 14, 2024, 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 5/17/2024. (lctnm2) (Entered: 05/17/2024)
2024-06-1416Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 06/14/2024)
2024-06-14MINUTE ORDER: After considering the 16 Joint Status Report, the Court ORDERS the parties to file another JSR by July 15, 2024, 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 6/14/2024. (lctnm2) (Entered: 06/14/2024)
2024-07-1517Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 07/15/2024)
2024-07-15MINUTE ORDER: After considering the 17 Joint Status Report, the Court ORDERS the parties to file another JSR by August 15, 2024, 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 7/15/2024. (lctnm2) (Entered: 07/15/2024)
2024-08-1518Joint STATUS REPORT by UNITED DEVELOPMENT FUNDING III, L.P, UNITED DEVELOPMENT FUNDING IV. (Meyer, Ryan) (Entered: 08/15/2024)
2024-08-15MINUTE ORDER: After considering the 18 Joint Status Report, the Court ORDERS the parties to file another JSR by September 16, 2024, 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 8/15/2024. (lctnm2) (Entered: 08/15/2024)
2024-09-1619Joint STATUS REPORT by U.S. SECURITIES AND EXCHANGE COMMISSION. (Cheng, Esther) (Entered: 09/16/2024)
2024-09-17MINUTE ORDER: After considering the 19 Joint Status Report, the Court ORDERS the parties to file another JSR by October 16, 2024, 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 9/17/2024. (lctnm2) (Entered: 09/17/2024)
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