The Class Plaintiffs delivered their Supplemental Brief to the D.C. Circuit today answering the questions the Court posed. The Class Plaintiffs tell the Court that it has subject matter jurisdiction to consider their common law claims, Treasury has waived its sovereign immunity, and FHFA has no sovereign immunity. A copy of the Class Plaintiffs’ Supplemental Brief is attached to this e-mail message.
FHFA should file its Supplemental Brief later today and Treasury should file its Supplemental Brief on Mon., July 18.
Fairholme would like to add 750 words to this discussion and has asked the Court for permission to do so. A copy of Fairholme’s request is also attached to this e-mail message. FHFA does not object to Fairholme’s request provided that it has the opportunity to add an additional 750 words.14-5243-1623314 14-5243-1623313