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Supreme Court of the United States ______BANK of AMERICA CORP ., Et Al

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Supreme Court of the United States ______BANK of AMERICA CORP ., Et Al Nos. 15-1111 & 15-1112 IN THE Supreme Court of the United States _________ BANK OF AMERICA CORP ., et al. , Petitioners , v. CITY OF MIAMI , Respondent . _________ WELLS FARGO & CO., et al. , Petitioners , v. CITY OF MIAMI , Respondent . _________ On Writs of Certiorari to the United States Court of Appeals for the Eleventh Circuit _________ JOINT APPENDIX _________ ROBERT S. PECK NEAL KUMAR KATYAL CENTER FOR HOGAN LOVELLS US LLP CONSTITUTIONAL 555 Thirteenth St., NW LITIGATION , P.C. Washington, DC 20004 7916 Bressingham Drive (202) 637-5600 Fairfax Station, VA 22039 [email protected] (202) 944-2874 Counsel of Record for [email protected] Petitioners in No. 15-1112 Counsel of Record for WILLIAM M. JAY Respondent in Nos. 15-1111 GOODWIN PROCTER LLP & 15-1112 901 New York Ave., NW Washington, DC 20001 (202) 346-4000 [email protected] Counsel of Record for Petitioners in No. 15-1111 PETITIONS FOR WRITS OF CERTIORARI FILED: MARCH 4, 2016 CERTIORARI GRANTED: JUNE 28, 2016 TABLE OF CONTENTS Page RECORD MATERIAL IN NO. 15-1111: District Court Docket Entries in Bank of America’s Case .................................................. 1 Court of Appeals Docket Entries in Bank of America’s Case ................................................ 23 The City’s Complaint for Violations of the Federal Fair Housing Act in Bank of America’s Case (Dec. 13, 2013) ...................... 30 Report of Timothy J. Riddiough, Ph.D (attached as Exhibit 3 to Bank of America’s Motion To Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6)) (Feb. 28, 2014) .............................................. 105 Report of Marsha J. Courchane (attached as Exhibit 4 to Bank of America’s Motion To Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6)) (Feb. 28, 2014) .............................................. 157 The City’s Proposed First Amended Complaint for Violations of the Federal Fair Housing Act (attached as Exhibit A to the City’s Motion for Reconsideration and Leave To File First Amended Complaint) in Bank of America’s Case (July 21, 2014) .............................................. 185 (i) ii TABLE OF CONTENTS—Continued Page RECORD MATERIAL IN NO. 15-1112: District Court Docket Entries in Wells Fargo’s Case .................................................. 251 Court of Appeals Docket Entries in Wells Fargo’s Case .................................................. 263 The City’s Complaint for Violations of the Federal Fair Housing Act in Wells Fargo’s Case (Dec. 13, 2013) ........................ 266 The City’s Proposed First Amended Complaint for Violations of the Federal Fair Housing Act (attached as Exhibit A to the City’s Motion for Reconsideration and Leave To File First Amended Complaint) in Wells Fargo’s Case (July 21, 2014) .............................................. 350 The following decisions and orders have been omitted in printing the joint appendix because they appear on the following pages in the appendix to Bank of America’s petition for certiorari in No. 15-1111: Court of Appeals Decision (Sept. 1, 2015) ........... 1a Order Denying Panel Rehearing and Rehearing En Banc (Nov. 4, 2015) ............... 56a District Court Decision Dismissing Complaint (July 9, 2014) .............................. 58a District Court Decision Denying Reconsideration (Sept. 9, 2014).................... 77a iii TABLE OF CONTENTS—Continued Page The following opinions and orders have been omitted in printing the joint appendix because they appear on the following pages in the appendix to Wells Fargo’s petition for certiorari in No. 15-1112: Court of Appeals’ Opinion in Wells Fargo’s Case (Sept. 1, 2015) ........................................ 1a Court of Appeals’ Opinion in Bank of America’s Case (Sept. 1, 2015) ..................... 20a District Court’s Order Denying Reconsideration in Wells Fargo’s Case (Sept. 9, 2014) ............................................... 72a District Court’s Order Denying Reconsideration in Bank of America’s Case (Sept. 9, 2014) ...................................... 74a District Court’s Order Granting Motion To Dismiss in Wells Fargo’s Case (July 9, 2014) ................................................ 81a District Court’s Order Granting Motion To Dismiss in Bank of America’s Case (July 9, 2014) ................................................ 83a Court of Appeals’ Order Denying Panel Rehearing in Wells Fargo’s Case (Nov. 5, 2015) .............................................. 100a UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA _________ No. 1:13-cv-24506 _________ CITY OF MIAMI , a Florida municipal corporation, Plaintiff, v. BANK OF AMERICA CORP ., ET AL ., Defendants. _________ DOCKET ENTRIES _________ Date # Docket Text 12/13/2013 1 COMPLAINT City of Miami against All Defendants. Filing fees $ 400.00 receipt number 113C-6310671, filed by City of Miami. (Attachments: # 1 Civil Cover Sheet)(Harke, Lance) (Entered: 12/13/2013) * * * 02/28/2014 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint , MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM - Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and Supporting Memorandum of Law ( Responses due by 3/17/2014) by Bank of America Corporation, Bank (1) 2 Date # Docket Text of America, N.A., Countrywide Bank, FSB, Countrywide Financial Corporation, Countrywide Home Loans. (Attachments: # 1 Exhibit 1 - Complaint, United States v. Countrywide Fin. Corp., No. 11- 10540 (C.D. Cal. Dec. 21, 2011), # 2 Exhibit 2 - Sealed Declaration of Katherine Cacho, # 3 Exhibit 3 - Report of Timothy J.Riddiough, Ph.D, # 4 Exhibit 4 - Report of Marsha J. Courchane, # 5 Exhibit 5 - City of Miami Meeting Minutes (May 14, 2009), # 6 Exhibit 6 - Complaint, City of Miami v. Citigroup, Inc., No. 13-24510 (S.D. Fla.), # 7 Exhibit 7 - Complaint, City of Miami v. Wells Fargo & Co., No. 13-cv-24508 (S.D. Fla.), # 8 Exhibit 8 - Map showing locations of properties identified in Citi of Miami lawsuits, # 9 Exhibit 9 - City of Miami FY 2009 Annual Budget (excerpts), # 10 Exhibit 10 -City of Miami Legislation Resolution, File No. 09-00492 (May 5, 2009)) (Carver, Christopher) (Attachment 2 replaced on 3/5/2014) (nc). Modified docket text on 3/5/2014 (nc). (Entered: 02/28/2014) 02/28/2014 34 UNOPPOSED MOTION for Leave to File Declaration of Katherine Cacho Under Seal by Bank of America Corporation, et al. 3 Date # Docket Text (Attachments: # 1 Text of Proposed Order)(nc) (Entered: 03/03/2014) 03/05/2014 35 ORDER granting 34 Motion to File Documents Under Seal. Filings are to remain sealed until one year after the closing of the case. Signed by Judge Robin S. Rosenbaum on 3/5/2014. (tpl) (Entered: 03/05/2014) * * * 03/17/2014 37 RESPONSE in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM — Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and Supporting Memorandum of Law PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS filed by City of Miami. (Attachments: # 1 Declaration of Elaine T. Byszewski in Support of Plaintiff’s Opposition to Defendants’ Motion to Dismiss)(Harke, Lance) (Entered: 03/17/2014) 03/17/2014 38 AFFIDAVIT in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM -- Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. 4 Date # Docket Text P. 12(b)(1) and 12(b)(6) and Supporting Memorandum of Law Declaration of Elaine T. Byszewski in Support of Plaintiff’s Opposition to Defendants’ Motion to Dismiss filed by City of Miami. (Attachments: # 1 Exhibit Exhibit A to Declaration of Elaine T. Byszewski in Support of Plaintiff’s Opposition to Defendants’ Motion to Dismiss)(Harke, Lance) (Entered: 03/17/2014) * * * 03/27/2014 41 REPLY to Response to Motion re 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM -- Defendants Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and Supporting Memorandum of Law filed by Bank of America Corporation, Bank of America, N.A., Countrywide Bank, FSB, Countrywide Financial Corporation, Countrywide Home Loans. (Carver, Christopher) (Entered: 03/27/2014) * * * 04/07/2014 46 Plaintiff’s MOTION for Leave to File ONE-PAGE OPPOSITION TO NEW ARGUMENT IN DEFENDANTS’ REPLY BRIEF, OR 5 Date # Docket Text ALTERNATIVELY, FOR THE COURT TO DISREGARD IT by City of Miami. (Attachments: # 1 Exhibit PLAINTIFF’S OPPOSITION TO NEW ARGUMENT IN DEFENDANTS’ REPLY IN SUPPORT OF MOTION TO DISMISS, # 2 Text of Proposed Order PROPOSED ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE ONE-PAGE OPPOSITION TO NEW ARGUMENT IN DEFENDANTS’ REPLY BRIEF OR, ALTERNATIVELY, FOR THE COURT TO DISREGARD IT)(Harke, Lance) (Entered: 04/07/2014) 04/08/2014 47 PAPERLESS ORDER granting 46 Plaintiff’s Motion for Leave to File One-Page Opposition to New Argument in Reply Brief. Clerks Notice: Filer must separately re-file the one-page sur-reply pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robin S. Rosenbaum on 4/8/2014. (kms) (Entered: 04/08/2014) 04/08/2014 48 RESPONSE/REPLY to 41 Reply to Response to Motion, by City of Miami. (Harke, Lance) (Entered: 04/08/2014) 6 Date # Docket Text * * * 05/20/2014 51 CLERKS NOTICE REASSIGNING CASE pursuant to Administrative Order 2014-48. Case reassigned to Judge William P. Dimitrouleas for all further proceedings. Judge Robin S. Rosenbaum no longer assigned to case. (mb) (Entered: 05/20/2014) * * * 05/29/2014 56 Notice of Supplemental Authority re 37 Response in Opposition to Motion,, by City of Miami (Attachments: # 1 Exhibit A - Order (City of Los Angeles v. Wells Fargo & Co.))(Harke, Lance) (Entered: 05/29/2014) 06/03/2014 57 MOTION for Hearing re 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM by Countrywide Bank, FSB, Countrywide Financial Corporation, Bank of America, N.A., Bank of America Corporation, Countrywide Home Loans (Carver, Christopher) Modified to convert document to a motion on 6/4/2014 (tpl).
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