Case: Fidelity National Financial, Inc. v. Bessent

3:25-cv-00554 | U.S. District Court for the Middle District of Florida

Filed Date: May 20, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a rule promulgated on August 19, 2024, by the Biden Administration Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Department of the Treasury. The rule, entitled "Anti-Money Laundering Regulations for Residential Real Estate Transfers" (the "Rule"), allegedly exceeded FinCEN's statutory authority by requiring disclosure of all non-financed residential real estate transactions, rather than limiting disclosures to "suspicious" transactions as authorize…

This case challenged a rule promulgated on August 19, 2024, by the Biden Administration Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Department of the Treasury. The rule, entitled "Anti-Money Laundering Regulations for Residential Real Estate Transfers" (the "Rule"), allegedly exceeded FinCEN's statutory authority by requiring disclosure of all non-financed residential real estate transactions, rather than limiting disclosures to "suspicious" transactions as authorized by statute. Plaintiffs asserted that the Rule increased their annual reporting volume by 4,000%, imposing substantial compliance costs and resulting in significant intrusions on privacy. 

On May 20, 2025, Fidelity National Financial, Inc. (FNF) and Fidelity National Title Insurance Company (FNTIC) filed this lawsuit in the U.S. District Court for the Middle District of Florida against the U.S. Department of the Treasury and its Secretary, as well as the Financial Crimes Enforcement Network (FinCEN) and its Director. Plaintiffs alleged that the Rule violated the Administrative Procedure Act (APA), 5 U.S.C. § 706, on the grounds that it (1) exceeded FinCEN's statutory authority, (2) was arbitrary and capricious, (3) violated the Fourth Amendment's prohibition on unreasonable search and seizures, (4) violated the First Amendment's prohibition on compelled speech, and (5) exceeded any authority Congress could have delegated under the Commerce Clause, other Article 1 powers, or the Necessary and Proper Clause. Plaintiffs sought declaratory and injunctive relief, as well as costs and attorneys' fees. The case was assigned to Judge Wendy W. Berger.

On August 25, 2025, the plaintiffs filed a motion for summary judgment, and the defendants filed a cross motion for summary judgment on September 22, 2025. Defendants argued that (1) the Bank Secrecy Act delegated broad authority to FinCEN and thus the Rule was within their statutory authority; (2) the Rule is not arbitrary and capricious because FinCEN conducted cost-benefit analysis, and engaged with comments during the rulemaking process; (3) the Rule does not violate the Fourth Amendment because similar reporting requirements have been upheld, and there's no privacy interest in information provided by a customer to a financial institution; (4) the Rule was valid under the Commerce Clause because there was a rational basis to think that non-financed transactions could be a way to conceal fraudulent financial activities; and (5) this Rule did not implicate the First Amendment because reporting requirements are subject to rational basis review, and the Rule satisfied rational basis review. 

On September 30, 2025, the parties agreed to cancel the summary judgment hearing scheduled for that day and suspend the plaintiff's motion for a preliminary injunction. Oral argument on the summary judgment motion was held on November 18, 2025. Judge Berger has yet to rule on this motion. 

The case is currently ongoing.  

Summary Authors

Emma Vayda (7/16/2025)

Bryan Waugh (12/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70319799/parties/fidelity-national-financial-inc-v-bessent/


Judge(s)

Berger, Wendy Williams (Florida)

Attorney for Plaintiff

Amos, Lauren (Florida)

Barr, William P. (Florida)

Boies, David (Florida)

Attorney for Defendant
Expert/Monitor/Master/Other

Albano, Jonathan M. (Florida)

show all people

Documents in the Clearinghouse

Document
1

3:25-cv-00554

Complaint for Permanent Injunctive and Declaratory Relief and Vacatur

May 20, 2025

May 20, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70319799/fidelity-national-financial-inc-v-bessent/

Last updated Dec. 17, 2025, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-23378317) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Singer, Stuart) (Entered: 05/20/2025)

1 Civil Cover Sheet

View on PACER

May 20, 2025

May 20, 2025

Clearinghouse
2

PROPOSED summons to be issued by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons)(Singer, Stuart) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

3

PROPOSED summons to be issued by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Attachments: # 1 Proposed Summons Corrected)(Singer, Stuart) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

4

NOTICE of Lead Counsel Designation by Stuart Harold Singer on behalf of Fidelity National Financial, Inc., Fidelity National Title Insurance Company. Lead Counsel: Stuart H. Singer. (Singer, Stuart) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

5

NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Samuel J. Horovitz. New case number: 3:25-cv-00554-WWB-SJH. (JOS) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

6

SUMMONS issued as to Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (JKB) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

Case Assigned/Reassigned

May 21, 2025

May 21, 2025

7

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fidelity National Title Insurance Company identifying Corporate Parent Fidelity National Financial, Inc. for Fidelity National Title Insurance Company.. (Singer, Stuart) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

8

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fidelity National Financial, Inc.. (Singer, Stuart) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

9

Amended DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fidelity National Financial, Inc.(Singer, Stuart) Modified on 5/23/2025 to edit docket text (MSN). (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

10

NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/23/2025. (CKS) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

Order

May 23, 2025

May 23, 2025

11

NOTICE TO COUNSEL Jesse Michael Panuccio of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JG) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

Notice to Counsel of Local Rule

May 27, 2025

May 27, 2025

12

ORDER REFERRING CASE to Magistrate Judge for case management, ruling on all non-dispositive motions, and the issuance of Report and Recommendations on dispositive motions. Signed by Judge Wendy W. Berger on 5/28/2025. (CKS) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

13

PROOF of service by Fidelity National Financial, Inc., Fidelity National Title Insurance Company (Singer, Stuart) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

14

PROOF of service by Fidelity National Financial, Inc., Fidelity National Title Insurance Company (Singer, Stuart) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

15

NOTICE of Lead Counsel Designation by Ronnie S. Carter on behalf of Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. Lead Counsel: Ronnie S. Carter. (Carter, Ronnie) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

16

NOTICE of Appearance by Richard Lasseter on behalf of Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury (Lasseter, Richard) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

17

NOTICE of Appearance by Kyesha Mapp on behalf of Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury (Mapp, Kyesha) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

18

Joint MOTION for Miscellaneous Relief, specifically to Set Summary Judgment Briefing Schedule and Waive Answer by All Defendants. (Lasseter, Richard) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

19

NOTICE by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury of Filing of Administrative Record (Attachments: # 1 CAR - Section A, # 2 CAR - Section B, # 3 CAR - Section C (1), # 4 CAR - Section C (2), # 5 CAR - Section C (3), # 6 CAR - Section C (4), # 7 CAR - Section D (1), # 8 CAR - Section D (2), # 9 CAR - Section D (3), # 10 CAR - Section D (4), # 11 CAR - Section D (5), # 12 CAR - Section D (6), # 13 CAR - Section D (7), # 14 CAR - Section E, # 15 CAR - Section F (1), # 16 CAR - Section F (2), # 17 CAR - Section G, # 18 CAR - Section H, # 19 CAR - Section I (1), # 20 CAR - Section I (2), # 21 CAR - Section I (3), # 22 CAR - Section I (4), # 23 CAR - Section J)(Lasseter, Richard) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

20

ENDORSED ORDER taking under advisement 18 Joint Motion to Set Summary Judgment Briefing Schedule and Waive Answer ("Motion"). A status conference and hearing on the Motion is scheduled before the Court on July 30, 2025, at 2:00 p.m. The hearing will be conducted by video teleconferencing using Zoom. The Courtroom Deputy will separately send participants the link for appearing via Zoom, and information on how others can observe the proceeding can be found on the Court's website, www.flmd.uscourts.gov. Participants and observers should dress in suitable attire and appear in front of an appropriate professional background. Recording, broadcasting, transmitting, or photographing any part of the proceedings is strictly prohibited. See Local Rule 5.01. Signed by Magistrate Judge Samuel J. Horovitz on 7/28/2025. (JLW) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

21

MOTION for William P. Barr to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23665306 for $150 by All Plaintiffs. (Attachments: # 1 Exhibit Certificate of Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

22

MOTION for Jeff Jensen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23665317 for $150 by All Plaintiffs. (Attachments: # 1 Exhibit Certificate of Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

23

MOTION for Patrick F. Philbin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23665331 for $150 by All Plaintiffs. (Attachments: # 1 Exhibit Certificate of Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

24

MOTION for Alan B. Vickery to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23665333 for $150 by All Plaintiffs. (Attachments: # 1 Exhibit Certificate of Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

Order on Motion for Miscellaneous Relief

July 28, 2025

July 28, 2025

25

ENDORSED ORDER granting 21 22 23 24 Motions for Special Admission. If William P. Barr, Esq.; Jeff Jensen, Esq.; Patrick F. Philbin, Esq.; and Alan B. Vickery, Esq., have not already done so, they shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Samuel J. Horovitz on 7/29/2025. (JLW) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

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

July 29, 2025

July 29, 2025

26

Minute Entry. Virtual Proceedings held before Magistrate Judge Samuel J. Horovitz: Status Conference/Motion Hearing held on 7/30/2025 re 18 Joint Motion to Set Summary Judgment Briefing Schedule and Waive Answer. (Digital) (BGR) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

27

ORDER granting 18 Joint Motion to Set Summary Judgment Briefing Schedule and Waive Answer. The parties shall file a joint stipulation of any agreed facts and principles of law by no later than August 14, 2025. Plaintiffs shall file their motion for summary judgment, not to exceed 30 pages, by no later than August 25, 2025. Defendants shall file their consolidated opposition/cross-motion for summary judgment, not to exceed 30 pages, by no later than September 26, 2025. Plaintiffs shall file their consolidated opposition/reply, not to exceed 20 pages, by no later than October 10, 2025. Defendants shall file their reply, not to exceed 20 pages, by no later than October 24, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 7/30/2025. (JLW) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

28

NOTICE of Supplemental Filing Concerning the Administrative Record by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury (Attachments: # 1 CAR - Section C (5))(Lasseter, Richard) Modified text on 8/14/2025 (MGB). (Entered: 08/13/2025)

1 CAR - Section C (5)

View on PACER

Aug. 13, 2025

Aug. 13, 2025

29

Unopposed MOTION for Extension of Time to File Stipulation of Agreed Facts and Principles of Law by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

30

ENDORSED ORDER granting 29 Defendants' Unopposed Motion for an Extension of Time to File Stipulation of Agreed Facts and Principles of Law. The deadline to file the stipulation is extended until August 15, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 8/14/2025. (JLW) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

Order on Motion for Extension of Time to File

Aug. 14, 2025

Aug. 14, 2025

31

STIPULATION of Agreed Facts and Law by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Singer, Stuart) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

32

MOTION for David Boies to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23747400 for $150 by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Exhibit B - Certificate of Good Standing)(Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

33

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

34

ENDORSED ORDER granting 32 Motion for Special Admission. If David Boies Esq., has not already done so, he shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Samuel J. Horovitz on 8/19/2025. (JLW) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

Order on Motion to Appear Pro Hac Vice

Aug. 19, 2025

Aug. 19, 2025

35

MOTION for Summary Judgment by All Plaintiffs. (Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

RECAP
36

MOTION for Preliminary Injunction or Stay of Rule Under the APA by All Plaintiffs. (Attachments: # 1 Exhibit A - Rules and Regulations, # 2 Exhibit B - Joint Stipulation of Agreed Facts and Law (Dkt. 31), # 3 Exhibit C - Declaration of Todd Niemczyk, # 4 Exhibit D - Proposed Text of Order)(Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 08/25/2025)

1 Exhibit A - Rules and Regulations

View on PACER

2 Exhibit B - Joint Stipulation of Agreed Facts and Law (Dkt. 31)

View on PACER

3 Exhibit C - Declaration of Todd Niemczyk

View on PACER

4 Exhibit D - Proposed Text of Order

View on PACER

Aug. 25, 2025

Aug. 25, 2025

37

Joint MOTION for Miscellaneous Relief, specifically to Set Briefing Schedule for Plaintiffs' Motion for Stay or Preliminary Injunction by All Plaintiffs. (Singer, Stuart) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

38

ENDORSED ORDER taking under advisement 37 Joint Motion to Set Briefing Schedule for Plaintiffs' Motion for Stay or Preliminary Injunction ("Motion"). A status conference and hearing on the Motion is scheduled before the Court on August 29, 2025, at 10:30 a.m. The hearing will be conducted by video teleconferencing using Zoom. The Courtroom Deputy will separately send participants the link for appearing via Zoom, and information on how others can observe the proceeding can be found on the Court's website, www.flmd.uscourts.gov. Participants and observers should dress in suitable attire and appear in front of an appropriate professional background. Recording, broadcasting, transmitting, or photographing any part of the proceedings is strictly prohibited. See Local Rule 5.01. Signed by Magistrate Judge Samuel J. Horovitz on 8/27/2025. (JLW) (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

Order on Motion for Miscellaneous Relief

Aug. 27, 2025

Aug. 27, 2025

39

Minute Entry. Virtual Proceedings held before Magistrate Judge Samuel J. Horovitz: Status Conference/Motion Hearing held on 8/29/2025. (Digital) (BGR) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

RECAP
40

ENDORSED ORDER: the 37 Joint Motion to Set Briefing Schedule for Plaintiffs' Motion for Stay or Preliminary Injunction ("Motion") remains under advisement. A status conference and continuation of the hearing on the Motion is scheduled before the Court on September 4, 2025, at 11:00 a.m. The hearing will be conducted by video teleconferencing using Zoom. The Courtroom Deputy will separately send participants the link for appearing via Zoom, and information on how others can observe the proceeding can be found on the Court's website, www.flmd.uscourts.gov. Participants and observers should dress in suitable attire and appear in front of an appropriate professional background. Recording, broadcasting, transmitting, or photographing any part of the proceedings is strictly prohibited. See Local Rule 5.01. Signed by Magistrate Judge Samuel J. Horovitz on 8/29/2025. (JLW) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

Order on Motion for Miscellaneous Relief

Aug. 29, 2025

Aug. 29, 2025

41

NOTICE of Appearance by Laura Renstrom on behalf of American Land Title Association (Renstrom, Laura) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

42

NOTICE of Appearance by Daniel M. Mahfood on behalf of American Land Title Association (Mahfood, Daniel) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

43

Unopposed MOTION for Peter D. Hardy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23813067 for $150 by American Land Title Association. (Renstrom, Laura) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

44

Unopposed MOTION for Siana Danch to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23813302 for $150 by American Land Title Association. (Renstrom, Laura) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

45

MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' 35 Motion for Summary Judgment by American Land Title Association. (Attachments: # 1 Exhibit A - Proposed Brief of Amicus Curiae in Support of Motion for Summary Judgment)(Renstrom, Laura) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified yrcy on 9/2/2025 (BD). (Entered: 09/02/2025)

1 Exhibit A - Proposed Brief of Amicus Curiae in Support of Motion for Summary Jud

View on PACER

Sept. 2, 2025

Sept. 2, 2025

46

ENDORSED ORDER granting 43 44 Unopposed Motions for Special Admission. If Peter D. Hardy, Esq.; and Siana Danch, Esq., have not already done so, they shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Samuel J. Horovitz on 9/4/2025. (JLW) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

47

Minute Entry. Virtual Proceedings held before Magistrate Judge Samuel J. Horovitz: Status Conference/Motion Hearing held on 9/4/2025 re 37 Joint Motion to Set Briefing Schedule for Plaintiffs' Motion for Stay or Preliminary Injunction. (Digital) (BGR) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

48

ENDORSED ORDER granting 45 Motion of American Land Title Association for Leave to File as Amicus Curiae in Support of Plaintiffs' Motion for Summary Judgment. American Land Title Association is directed to file its [45-1] proposed brief as a separate document no later than September 10, 2025. The page limitation for Defendants' consolidated opposition/cross-motion for summary judgment is extended to 38 pages. Signed by Magistrate Judge Samuel J. Horovitz on 9/4/2025. (JLW) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

49

MEMORANDUM in support re 35 Motion for Summary Judgment (Amicus Curiae Brief) filed by American Land Title Association. (Renstrom, Laura) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

RECAP
50

ORDER granting in part and denying in part 37 Joint Motion to Set Briefing Schedule for Plaintiffs' Motion for Stay or Preliminary Injunction. Defendants shall file their response to Plaintiffs' Motion for Stay or Preliminary Injunction ("Motion for Stay"), Doc. 36, no later than September 17, 2025. No further briefing on the Motion for Stay is authorized. Oral argument on the Motion for Stay is set before the undersigned on September 30, 2025, at 1:00 p.m, at the United States Courthouse, 300 North Hogan Street, Courtroom 5A, in Jacksonville, Florida. See Order for further details. Signed by Magistrate Judge Samuel J. Horovitz on 9/4/2025. (JLW) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

RECAP

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

Sept. 4, 2025

Sept. 4, 2025

Order on Motion for Leave to File Document

Sept. 4, 2025

Sept. 4, 2025

51

Unopposed MOTION for Extension of Time to File a Response to the Amicus Curiae Brief Filed by American Land Title Association and Memorandum of Law in Support by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

52

RESPONSE in Opposition re 36 MOTION for Preliminary Injunction or Stay of Rule Under the APA filed by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

RECAP
53

ENDORSED ORDER granting 51 Defendants' Unopposed Motion for Extension of Time to Respond to the Amicus Curiae Brief filed by American Land Title Association and Memorandum of Law in Support. Defendants shall have up to and including October 10, 2025, to file a response, not to exceed 8 pages, to the 49 Amicus Curiae Brief. The page limitation for Defendants' consolidated opposition/cross-motion for summary judgment, which remains due September 26, 2025, is reduced to the previously ordered 30 pages. See Docs. 27 & 48. Signed by Magistrate Judge Samuel J. Horovitz on 9/18/2025. (JLW) (Entered: 09/18/2025)

Sept. 18, 2025

Sept. 18, 2025

Order on Motion for Extension of Time to File

Sept. 18, 2025

Sept. 18, 2025

54

MOTION for Leave to File Proposed Amicus Brief of Puerto Rico Privacy Association by Puerto Rico Privacy Association. (Attachments: # 1 Exhibit A - Proposed Amicus Brief of Puerto Rico Privacy Association)(Carlton, Clay) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

55

Unopposed MOTION for Andrew M. Buttaro to appear pro hac vice by Puerto Rico Privacy Association. (Carlton, Clay) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

56

Unopposed MOTION for Jonathan M. Albano to appear pro hac vice by Puerto Rico Privacy Association. (Carlton, Clay) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

57

TRANSCRIPT of Digitally Recorded Status Conference/Motion Hearing held on 7/30/25 before Judge Samuel J. Horovitz. Court Reporter/Transcriber: Shelli Kozachenko. Email address: shellikoz@gmail.com. Telephone number: 904.301.6842. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/14/2025. Redacted Transcript Deadline set for 10/21/2025. Release of Transcript Restriction set for 12/19/2025. (SMK) (Entered: 09/20/2025)

Sept. 20, 2025

Sept. 20, 2025

58

TRANSCRIPT of Digitally Recorded Status Conference/Motion Hearing held on 8/29/25 before Judge Samuel J. Horovitz. Court Reporter/Transcriber: Shelli Kozachenko. Email address: shellikoz@gmail.com. Telephone number: 904.301.6842. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/14/2025. Redacted Transcript Deadline set for 10/21/2025. Release of Transcript Restriction set for 12/19/2025. (SMK) (Entered: 09/20/2025)

Sept. 20, 2025

Sept. 20, 2025

59

TRANSCRIPT of Digitally Recorded Status Conference/Motion Hearing held on 9/4/25 before Judge Samuel J. Horovitz. Court Reporter/Transcriber: Shelli Kozachenko. Email address: shellikoz@gmail.com. Telephone number: 904.301.6842. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/14/2025. Redacted Transcript Deadline set for 10/21/2025. Release of Transcript Restriction set for 12/19/2025. (SMK) (Entered: 09/20/2025)

Sept. 20, 2025

Sept. 20, 2025

60

NOTICE TO COUNSEL Jonathan M. Albano and Andrew M. Buttaro Local Rule 2.01(c), Special Admission - Pay the Special Admission Fee; (Signed by Deputy Clerk). (MSN) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

61

NOTICE TO COUNSEL William P. Barr and Siana Danch of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (MSN) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

62

ENDORSED ORDER denying 54 Motion of Puerto Rico Privacy Association for Leave to File as Amicus Curiae in Support of Plaintiffs' Motion for Summary Judgment ("Motion"). Though nominally in support of Plaintiffs' Motion for Summary Judgment, the Motion and corresponding proposed brief also seek to assert arguments relating to Plaintiffs' Motion for Stay or Preliminary Injunction, as to which the Court has ruled no further briefing is authorized. Doc. 50. Moreover, upon consideration, and in the exercise of the Court's discretion, the Court does not deem the further proposed merits briefing to be "timely and useful" under the circumstances. See Save the Manatee Club v. United States Env't Prot. Agency, No. 6:22-cv-868-CEM-LHP, 2022 WL 19918052, at *1 (M.D. Fla. Nov. 22, 2022); see also Doc. 54 at 4. Accordingly, the Motion is denied and the motions for special admission 55 and 56 are denied as moot. Signed by Magistrate Judge Samuel J. Horovitz on 9/22/2025. (JLW) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

63

ORDER: Oral argument on Plaintiffs' Motion for Stay or Preliminary Injunction and Memorandum of Law in Support Thereof ("Motion"), Doc. 36, is scheduled before the undersigned on September 30, 2025 ("Hearing"), Doc. 50. At the Hearing, in addition to and without limitation of all issues, arguments, and authorities related to or raised in the papers (both as to the Motion and as to the substantive merits briefing), the parties should be prepared to discuss the issues and authorities stated within this Order. In addition, by no later than September 26, 2025, any party that intends to argue based on additional authority not cited in the papers relating to the issues and authorities raised within this Order shall file a notice with only a citation of such authority. See Order for further details. Signed by Magistrate Judge Samuel J. Horovitz on 9/22/2025. (JLW) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

Notice to Counsel of Local Rule

Sept. 22, 2025

Sept. 22, 2025

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

Sept. 22, 2025

Sept. 22, 2025

64

Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment by All Defendants. (Lasseter, Richard) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

65

NOTICE of supplemental authority in response to Order (ECF63) by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

66

NOTICE of supplemental authority re 36 MOTION for Preliminary Injunction or Stay of Rule Under the APA by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Attachments: # 1 Exhibit A to LR 3.01- ALTA Letter to FinCEN Director Gacki)(Singer, Stuart) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

67

NOTICE of supplemental authority re 36 MOTION for Preliminary Injunction or Stay of Rule Under the APA by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Singer, Stuart) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

68

NOTICE by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury (Lasseter, Richard) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

69

JOINT MOTION to Cancel September 30, 2025 Hearing and Hold Plaintiffs' Motion for Stay or Preliminary Injunction in Abeyance by All Parties. (BGR) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

70

ENDORSED ORDER granting 69 Joint Motion to Cancel September 30, 2025 Hearing and Hold Plaintiffs' Motion for Stay or Preliminary Injunction in Abeyance. The 50 September 30, 2025, hearing is canceled. Signed by Magistrate Judge Samuel J. Horovitz on 9/30/2025. (JLW) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

Order on Motion for Miscellaneous Relief

Sept. 30, 2025

Sept. 30, 2025

71

RESPONSE in Opposition re 64 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment and REPLY In Support of Motion for Summary Judgment 35 filed by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Singer, Stuart) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

72

MEMORANDUM in opposition re 49 Memorandum in support of Plaintiffs' Motion for Summary Judgment by amicus curiae American Land Title Association filed by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

73

ENDORSED ORDER: A status conference is scheduled before the Court on October 29, 2025, at 2:30 p.m. The status conference will be conducted by video teleconferencing using Zoom. The Courtroom Deputy will separately send participants the link for appearing via Zoom, and information on how others can observe the proceeding can be found on the Court's website, www.flmd.uscourts.gov. Participants and observers should dress in suitable attire and appear in front of an appropriate professional background. Recording, broadcasting, transmitting, or photographing any part of the proceedings is strictly prohibited. See Local Rule 5.01. Signed by Magistrate Judge Samuel J. Horovitz on 10/23/2025. (JLW) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

Order Setting Hearing

Oct. 23, 2025

Oct. 23, 2025

74

SECOND NOTICE TO COUNSEL Siana Danch Local Rule 2.01(c), Special Admission - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ARL) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

75

REPLY to Response to Motion re 64 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment filed by Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (Lasseter, Richard) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

Notice to Counsel of Local Rule

Oct. 24, 2025

Oct. 24, 2025

76

Minute Entry. Virtual Proceedings held before Magistrate Judge Samuel J. Horovitz: STATUS CONFERENCE held on 10/29/2025. (Digital) (BGR) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

77

ORDER: Oral argument on the parties' cross-motions for summary judgment (Docs. 35, 64) is set before the undersigned on November 18, 2025, at 10:00 a.m., at the United States Courthouse, 300 North Hogan Street, Courtroom 5A, in Jacksonville, Florida. In addition, by November 6, 2025, the parties shall file a joint supplemental notice concerning their prior stipulation of agreed law (Doc. 31), in accordance with the instructions at the Status Conference. See Order for further details. Signed by Magistrate Judge Samuel J. Horovitz on 10/29/2025. (JLW) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

78

SUPPLEMENT Notice Concerning Prior Stipulation of Agreed Law by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Singer, Stuart) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

79

Minute Entry. In Person Proceedings held before Magistrate Judge Samuel J. Horovitz: Oral Argument on Motions held on 11/18/2025. (Digital) (BGR) (Entered: 11/18/2025)

Nov. 18, 2025

Nov. 18, 2025

80

NOTICE of Filing PowerPoint Presentation by Fidelity National Financial, Inc., Fidelity National Title Insurance Company re 79 Motion Hearing (Attachments: # 1 Exhibit PowerPoint Presentation)(Singer, Stuart) Modified docket text on 11/21/2025 (JOS). (Entered: 11/20/2025)

1 Exhibit PowerPoint Presentation

View on PACER

Nov. 20, 2025

Nov. 20, 2025

81

TRANSCRIPT of Digitally Recorded Oral Argument on Motions held on 11/18/25 before Judge Samuel J. Horovitz. Court Reporter/Transcriber: Shelli Kozachenko. Email address: shellikoz@gmail.com. Telephone number: 904.301.6842. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/15/2025. Redacted Transcript Deadline set for 12/26/2025. Release of Transcript Restriction set for 2/23/2026. (SMK) (Main Document 81 replaced on 11/26/2025) (jkl). Modified on 11/26/2025 to add corrected pdf (jkl). (Entered: 11/24/2025)

Nov. 24, 2025

Nov. 24, 2025

82

REPORT AND RECOMMENDATION re 35 Plaintiffs' Motion for Summary Judgment; 64 Defendants' Cross-Motion for Summary Judgment. Signed by Magistrate Judge Samuel J. Horovitz on 12/9/2025. (JLW) (Entered: 12/09/2025)

Dec. 9, 2025

Dec. 9, 2025

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two large financial services entities specializing in title insurance and real estate transaction services.

Plaintiff Type(s):

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of the Treasury (- United States (national) -), Federal

The Financial Crimes Enforcement Network (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Commerce Power

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Middle District of Florida 3:25-cv-00554

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Record-keeping

Records Disclosure