**SEALED**JOINT STATUS REPORT , filed by All Plaintiffs. (Attachments: # (1) Exhibit Agreed Upon Redactions to September 20 Order)(Cooper, Charles)
The parties delivered a Joint Status Report (Doc. 336) to Judge Sweeney this afternoon telling her what parts of her Sept. 20 Opinion they agree should be kept under seal.
Judge Sweeney is usually speedy — meaning within a day or two — about reissuing sealed Opinions following receipt of a Joint Status Report telling her what the parties agree can be shared with the public. This one might take longer because there might be more to redact given that the Joint Status Report was filed under seal.
Judge Sweeney notes on page 9 of her Order (Doc. 338) denying Mr. Sammons’ Motion to Intervene that her Sept. 20 Opinion granting Fairholme’s Motion to Compel is an 81-page decision and grants Fairholme’s motion in its entirety.
Read second to last paragraph on page 9 about the use of discovery docs by plaintiff to meet jurisdiction challenge
I don’t think we can know which of the 11,000 purportedly privileged documents the government has actually turned over. Fairholme’s Motion to Compel (Docs. 270 and 272) asked Judge Sweeney to look at a 50-some document sample. Because Judge Sweeney granted Fairholme’s Motion to Compel in its entirety, those 50-some documents have been or will be turned over. Some of the rest of the stack will probably be turned over based on the guidance in Judge Sweeney’s 81-page Sept. 20 Opinion. But the government would likely continue to withhold a portion that it considers super-secret and would argue were not addressed by Faitholme’s Motion to Compel or by Judge Sweeney’s Opinion.