Fairholme told the Federal Circuit yesterday it takes no position on the government’s request to place its appeal on hold but encourages the court to hear all of the pending appeals on the same timetable. A copy of Fairholme’s filing is attached to this e-mail message.
The government asked the Federal Circuit to place Owl Creek’s appeal on hold and Owl Creek delivered its objection to that request to the Federal Circuit yesterday. A copy of Owl Creek’s filing is attached to this e-mail message. Owl Creek explains that answers to the four questions before the U.S. Supreme Court in the Collins case won’t resolve the cases pending before Chief Judge Sweeney, so the Court should deny the government’s request.
Owl Creek also wants the deadline for it and other Jones Day clients to file their opening brief extended to Sept. 22, 2020.