FHFA filed two the Class Plaintiffs filed four motions last night asking Judge Lamberth to make pre-trial rulings about what the jury will and won’t see and hear in the second trial. One of FHFA’s motions and two of the Class Plaintiffs’ motions were filed under seal. The three motions not filed under seal are attached to this e-mail message. The public filings ask Judge Lamberth to:
— limit Susan McFarland’s testimony;
— prohibit witnesses from describing PSPA funding as a loan;
— restrict testimony about dividends payable to junior preferred shareholders;
— contract testimony about payments made to Treasury following the sweep;
— rule the Stegman Memo is inadmissible; and
— allow the jury to see additional materials reflecting FHFA and Treasury’s motives.
The parties want two additional weeks to complete pre-trial briefing about matters related to Dr. Mason’s testimony concerning damages in the second trial. A copy of the joint request filed this evening is attached to this e-mail message.
