FHFA doesn’t like Berkley’s request for a jury trial in July, and a copy of FHFA’s filing (Doc. 158) expressing that is attached to this e-mail message. FHFA says Berkley should have asked for a jury trail earlier if it wanted one. FHFA doesn’t care about Fairholme’s request to sit on the sidelines because it believes the class’ claims will be dismissed in their entirety and that’ll silence Fairholme.
FHFA filed another motion (Doc. 159) this evening, and this one is under seal. It’s impossible to deduce from the public record what this evening’s request urges Judge Lamberth to do.
