Annual Report 2013
Litigation
During 2013, the Board of Governors was a party in 14 lawsuits or appeals filed that year and was a party in 15 other cases pending from previous years, for a total of 29 cases. In 2012, the Board had been a party in a total of 26 cases. As of December 31, 2013, 15 cases were pending.
American Bankers Association, et al., v. Board of Governors, No. 13-cv-02050 (D. District of Columbia, filed December 24, 2013), was a challenge to a portion of the so-called "Volcker rule" issued by the Board and other regulators. On February 12, 2014, the plaintiffs voluntarily dismissed the action.
American Bankers Association, et al., v. Board of Governors, No. 13-1310 (D.C. Circuit, filed December 23, 2013), is a challenge to a portion of the so-called "Volcker rule" issued by the Board and other regulators. On February 12, 2014, the parties stipulated to a dismissal of the petition for review.
Blair v. Bernanke, No. CJ-2013-3525, No. 14-CV-00022 (N.D. Oklahoma, filed November 25, 2013), is a third-party, pro-se complaint originally filed in Oklahoma state court alleging that the Board violated the plaintiff's constitutional rights through its regulation of direct deposit payments.
Richter v. Board of Governors, No. 13-cv-015107 (D.D.C., filed October 1, 2013), was a Freedom of Information Act case. On February 14, 2014, the district court granted the Board's motion for summary judgment.
WMI Liquidating Trust v. Board of Governors, No. 13-cv-01706 (W.D. Washington, filed September 20, 2013), is an action for a declaratory judgment regarding golden parachute payments.
NACS et al. v. Board of Governors, No. 13-5720 (D.C. Circuit, notice of appeal filed August 21, 2013), is an appeal from district court ruling invalidating Board regulations issued pursuant to section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to debit card interchange fees.
State National Bank of Big Spring v. Bernanke, No. 13-5247 (D.C. Circuit, notice of appeal filed August 2, 2013), is an appeal of a district court ruling dismissing plaintiffs' challenge to the constitutionality of the Consumer Financial Protection Bureau and the Financial Stability Oversight Council.
Law Office La Ley con John H. Ruiz v. John Doe Borrowers, et al., No. 13-cv-22783 (S.D. Fla., removed from state court on August 2, 2013), was an action to foreclose on attorneys' charging liens. On October 3, 2013, the district court granted in part and denied in part the Board's motion to dismiss, and remanded the matter to the state court.
Ferrer v. Bernanke, No. 13-29975 (S.D. Florida, filed July 29, 2013), is an action alleging that plaintiffs received improper relief under the Board's and the Office of the Comptroller of the Currency's financial remediation orders regarding deficient mortgage servicing and foreclosure practices.
Law Offices La Ley con John H. Ruiz v. John Doe Borrowers, et al., No. 13-cv-22476 (S.D. Florida, removed from state court July 11, 2013), was an action seeking injunction and declaration that plaintiffs' attorneys' charging liens are valid and enjoining disbursal of funds to individuals under a Board enforcement order. On October 3, 2013, the district court granted in part and denied in part the Board's motion to dismiss, and remanded the matter to the state court.
Law Offices La Ley con John H. Ruiz v. Rust Consulting,No. 13-cv-22119 (S.D. Florida, removed from state court June 13, 2013), was an action seeking injunction preventing disbursement of funds to individuals under Board enforcement order. The district court dismissed the action on July 12, 2013.
Goldstein, Trustee v. Board of Governors,No. 13-MC-00445-RC (D.D.C., motion to compel filed May 1, 2013), was a motion to compel production of bank examination material. On January 17, 2014, the plaintiff voluntarily dismissed the action.
Ball v. Board of Governors, No. 13-cv-00603 (D. District of Columbia, filed April 30, 2013), is a Freedom of Information Act case.
Taylor v. Bernanke, et al., No. 13-cv-1013 (E.D. New York, filed February 26, 2013), was an action for an order requiring agencies to issue final rules under 12 U.S.C. 1851 (the "Volcker rule"). On September 9, 2013, the district court granted the government's motion to dismiss the action.
Conover v. Board of Governors, No. 12-cv-6480 (N.D. California, filed December 20, 2012), was a Freedom of Information Act case. On April 2, 2013, the district court granted the Board's motion to dismiss.
Crisman v. Board of Governors et al., No. 12-cv-1871 (D. District of Columbia, filed November 19, 2012), is a Freedom of Information Act case.
Wise v. Federal Reserve Board, No. 12-cv-1636 (D. District of Columbia, filed October 2, 2012), is a claim under the Federal Tort Claims Act.
McKinley v. Board of Governors, No 12-cv-1175 (D. District of Columbia, filed July 18, 2012), was a Freedom of Information Act case. On March 7, 2013, the plaintiff voluntarily dismissed the action with prejudice.
Judicial Watch v. Board of Governors and Federal Open Market Committee, No. 12-cv-1114 (D. District of Columbia, filed July 6, 2012), was a Freedom of Information Act case. On February 12, 2013, the plaintiff voluntarily dismissed the action with prejudice.
Marcusse v. United States Department of Justice, et al., No. 12-cv-1025 (D. District of Columbia, filed June 22, 2012), was a Freedom of Information Act case. On August 12, 2013, the district court granted the Board's motion for summary judgment and dismissed the action as to the Board.
Gelb v. Board of Governors, No. 12-cv-4880 (S.D. New York, filed June 21, 2012), was a Freedom of Information Act case. On July 17, 2013, the district court granted the Board's motion to dismiss the action as to the Board.
Mashak v. Federal Reserve Bank System, et al., No. 12-cv-1333 (D. Minnesota, filed June 1, 2012), was a challenge regarding mortgage foreclosure. On February 14, 2013, the district court dismissed the action.
DeNaples v. Board of Governors et al., No. 12-1198 (D.C. Circuit, filed April 19, 2012), was a petition for review of cease-and-desist orders issued by the Board and the Office of the Comptroller of the Currency. On January 29, 2013, the Court of Appeals vacated the orders and remanded to the agencies for additional action.
Freedom Watch v. Board of Governors, No. 12-cv-314 (D. District of Columbia, filed February 27, 2012), was a Freedom of Information Act case. On February 27, 2013, the district court granted the government's motion to dismiss.
Estate of Deleon v. Board of Governors, No. 11-cv-1538 (N.D. New York, filed December 30, 2011), was a complaint involving alleged failure to address a consumer complaint at a regulated bank. On February 14, 2013, the district court dismissed the case.
Haller v. U.S. Department of Housing and Urban Development et al., No 11-cv-881 MRB-KLL (S.D. Ohio, filed December 16, 2011), was an action arising out of a mortgage foreclosure. On March 4, 2013, the district court granted the Board's motion to dismiss.
CitiMortgage, Inc. v. Kokolis, No. 11-cv-2933-RBH (D. South Carolina, filed in state court August 5, 2011; notice of removal filed October 27, 2011), is a third-party complaint against the Board and the United States Department of the Treasury by the defendant in a mortgage foreclosure action. The district court dismissed the action on May 30, 2012, and the plaintiff's appeal to the Fourth Circuit Court of Appeals (No. 12-1917) is pending.
First Citizens Bank and Trust Co. v. Spirakis, No. 11-cv-2895-RBH (D. South Carolina, filed in state court August 5, 2011; notice of removal filed October 24, 2011), was a third-party complaint against the Board and the United States Department of the Treasury by the defendant in a mortgage foreclosure action. The district court dismissed the action on May 30, 2012, and the Fourth Circuit affirmed the dismissal (No. 12-1914) on March 15, 2013.
Artis v. Greenspan, No. 01-cv-0400 (D. District of Columbia, filed February 22, 2001), is an employment discrimination action.
