Owl Creek and other Jones Day clients asked Judge Sweeney to her oral argument on the government’s motion to dismiss their lawsuits, and a copy of the filing is attached to this e-mail message.
Fairholme v. U.S. Kindly refer to my e-mail transmissions dated Oct. 15 and 11, 2018, buried in the e-mail thread reprinted below. This litigation, you’ll recall is tangential to the propriety of the Net Worth Sweep; this litigation broke the chain of cases saying FHFA is not a government actor. FHFA, Fannie Mae, Ms. Sisti and her mortgage lender submitted the status report attached to this e-mail message to Judge McConnell in Rhode Island today, telling him they need six more months to complete fact discovery.