Case: Power Forward Communities, Inc. v. Citibank

Legal Defense Fund

Matthew J. Vaeth

Matthew J. Vaeth

President Donald Trump

COMPLAINT against CITIBANK, N.A., LEE ZELDIN, in his official capacity as ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, WILLIAM CHARLES McINTOSH, in his official capacity as ACTING DEPUTY ADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 405 receipt number ADCDC-11544208) filed by POWER FORWARD COMMUNITIES, INC., on behalf of itself and certain award subrecipients. (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 Civil Cover Sheet, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Neitzel, Beth) (Entered: 03/14/2025)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

5 Exhibit E

View on RECAP

6 Exhibit F

View on RECAP

7 Exhibit G

View on RECAP

8 Exhibit H

View on RECAP

9 Exhibit I

View on RECAP

10 Exhibit J

View on RECAP

11 Civil Cover Sheet

View on PACER

12 Summons

View on PACER

13 Summons

View on PACER

14 Summons

View on PACER

15 Summons

View on PACER

NOTICE OF RELATED CASE by POWER FORWARD COMMUNITIES, INC., on behalf of itself and certain award subrecipients. Case related to Case No. 1:25-cv-698; 1:25-cv-735. (Neitzel, Beth) (Entered: 03/14/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by POWER FORWARD COMMUNITIES, INC., on behalf of itself and certain award subrecipients (Neitzel, Beth) (Entered: 03/14/2025)

MOTION for Temporary Restraining Order by POWER FORWARD COMMUNITIES, INC., on behalf of itself and certain award subrecipients. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Timothy J. Mayopoulos, # 3 Declaration of Shaun Donovan, # 4 Declaration of Ari Matusiak, # 5 Affidavit of Beth C. Neitzel)(Neitzel, Beth) (Entered: 03/14/2025)

SUMMONS (4) Issued Electronically as to CITIBANK, N.A., WILLIAM CHARLES MCINTOSH, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and LEE ZELDIN. (Attachment: # 1 Notice and Consent) (zjd) (Entered: 03/15/2025)

REQUEST FOR SUMMONS TO ISSUE to Attorney General Bondi and US Attorney Martin filed by POWER FORWARD COMMUNITIES, INC.. Related document: Notice of Error- New Case,. (Attachments: # 1 Summons)(Neitzel, Beth) (Entered: 03/15/2025)

Case Assigned/Reassigned

Notice of Error- New Case

Case Assigned to Judge Tanya S. Chutkan. (zjd)

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error needs correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zjd)

MINUTE ORDER: The parties in No. 25-cv-698, No. 25-cv-735, and No. 25-cv-762, are hereby ORDERED to appear for an in-person motion hearing on the 4 Motion for Temporary Restraining Order on March 17, 2025, at 12:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the restrictions outlined in the March 10, 2025, Minute Order. Signed by Judge Tanya S. Chutkan on 3/16/2025. (lcer)

Order

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 03/17/2025)

NOTICE of Appearance by Marcus S Sacks on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN, WILLIAM CHARLES MCINTOSH (Sacks, Marcus) (Entered: 03/17/2025)

NOTICE of Appearance by Kevin Paul VanLandingham on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN, WILLIAM CHARLES MCINTOSH (VanLandingham, Kevin) (Entered: 03/17/2025)

NOTICE of Appearance by Saunders Lee McElroy on behalf of CITIBANK, N.A. (McElroy, Saunders) (Entered: 03/17/2025)

NOTICE of Appearance by Kenneth Winn Allen on behalf of CITIBANK, N.A. (Allen, Kenneth) (Entered: 03/17/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIBANK, N.A. (Allen, Kenneth) (Entered: 03/17/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 3/17/2025 re 4 MOTION for Temporary Restraining Order filed by POWER FORWARD COMMUNITIES, INC. Pursuant to Federal Rule of Civil Procedure 42(a), the Court will consolidate the Civil Cases 25-698, 25-735, 25-762. Minute Order Forthcoming. Court Reporter Jeff Hook. (ztl)

TRANSCRIPT OF MOTION HEARING before Judge Tanya S. Chutkan held on March 17, 2025. Page Numbers: 1 - 45. Date of Issuance: March 18, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/8/2025. Redacted Transcript Deadline set for 4/18/2025. Release of Transcript Restriction set for 6/16/2025.(Hook, Jeff) (Entered: 03/18/2025)

MEMORANDUM OPINION re: Plaintiff's 4 Motion for Temporary Restraining Order. Signed by Judge Tanya S. Chutkan on 3/18/2025. (lcer) (Main Document 14 replaced on 3/19/2025) (zsmc). (Entered: 03/18/2025)

ORDER GRANTING in part and DENYING in part Plaintiff's 4 Motion for Temporary Restraining Order. See Order for details. Signed by Judge Tanya S. Chutkan on 3/18/2025. (lcer) (Entered: 03/18/2025)

Motion Hearing

NOTICE of Appearance by Jack C. Smith on behalf of POWER FORWARD COMMUNITIES, INC. (Smith, Jack) (Entered: 03/19/2025)

Joint STATUS REPORT by POWER FORWARD COMMUNITIES, INC.. (Neitzel, Beth) (Entered: 03/19/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James M. Gross, Filing fee $ 100, receipt number ADCDC-11554229. Fee Status: Fee Paid. by POWER FORWARD COMMUNITIES, INC.. (Attachments: # 1 Exhibit A - Declaration of James M. Gross with Certificate of Good Standing, # 2 Exhibit B - Proposed Order)(Neitzel, Beth) (Entered: 03/19/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kevin Y. Chen, Filing fee $ 100, receipt number ADCDC-11554255. Fee Status: Fee Paid. by POWER FORWARD COMMUNITIES, INC.. (Attachments: # 1 Exhibit A - Declaration of Kevin Y. Chen with Certificate of Good Standing, # 2 B - Proposed Order)(Neitzel, Beth) (Entered: 03/19/2025)

Order

MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, the court adopts and sets the following deadlines: Plaintiffs shall file their motions for a preliminary injunction by March 21, 2025. Defendants shall file an answer to the motions by March 26, 2025. Plaintiffs shall reply by March 28, 2025. For the reasons stated in the 17 Joint Status Report, Plaintiffs shall file a single consolidated opening brief with a 60-page limit and a single consolidated reply brief with a 30-page limit. The court will hold a hearing on Plaintiffs' motions on Wednesday, April 2, 2025, at 12:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. Signed by Judge Tanya S. Chutkan on 3/19/2025. (lcer)

.Order

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: The court will provide access for the public to telephonically attend the hearing scheduled for April 2, 2025. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 3/20/2025. (smc)

MINUTE ORDER: As noticed in the March 17 hearing, see March 17, 2025 Min. Order, the court will consolidate cases 25-cv-698, 25-cv-735, and 25-cv-762 pursuant to Federal Rule of Civil Procedure 42(a). All filings and papers related to the consolidated cases shall be filed in the lead case: 25-cv-698. It is further ORDERED that the parties shall NOT "spread the text" when filing documents in the lead cases. Signed by Judge Tanya S. Chutkan on 3/20/2025. (lcer) Modified on 3/21/2025 (zsmc).

Order

MINUTE ORDER: GRANTING Motions for Leave to Appear Pro Hac Vice as to 18 James M. Gross and 19 Kevin Y. Chen. James M. Gross and Kevin Y. Chen are hereby admitted pro hac vice to represent Plaintiff Power Forward Communities, Inc. in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 3/20/2025. (lcer)

Order on Motion for Leave to Appear Pro Hac Vice

Create Case Association

Cases Consolidated. This case has been consolidated with case 25-cv-00698-TSC pursuant to 03/20/2025 Minute Order. From this date forward, all pleadings shall be filed ONLY in the lead case, 25-cv-00698-TSC. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM CHARLES MCINTOSH served on 4/1/2025 (Neitzel, Beth) Modified on 4/28/2025 to correct docket text (zjm). (Entered: 04/28/2025)