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Chief Judge Reade entered an order this morning denying Fairholme’s request to file an amicus brief in Saxton v. FHFA, and a copy of her order is attached to this e-mail message. Chief Judge Reade says she doesn’t need any of the information Fairholme wants to show her at this time, and will decide the motions to dismiss the Saxton case based on the complaint and those moving papers. There’s no word yet from Chief Judge Reade on Investors Unite’s bid to file its amicus brief. The Saxton Plaintiffs’ lawyers at Brown Winick obtained access to Fairholme’s confidential discovery materials on Nov. 16, 2015. See Doc. 260 filed in Fairholme v. U.S. I suspect the Saxton Plaintiffs will seek to amend their complaint to make further allegations of wrongdoing based on the documents Fairholme has provided. I don’t think Chief Judge Reade has made any final decision about the Saxton lawsuit one way or the other at this juncture. Fairholme essentially says the govt misled the court, & they have the facts to prove it. Court seems to say this is a jurisdictional matter, govt’s good faith not really relevant. |
