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GSE Litigation Update

 

Peter Chapman notes:

Judge Sweeney entered an order last night memorializing the parties’ agreement to complete jurisdictional discovery by June 29, 2015, and directing the parties to file a status report by Mon., July 13, 2015, letting her know how they want to proceed.  A copy of that order is attached to this e-mail message.

When jurisdictional discovery is completed, Fairholme should then have what it needs to respond to the Government’s motion to dismiss (Doc. 20, filed Dec. 9, 2013) Fairholme’s complaint.  The completion of jurisdictional discovery in Fairholme v. U.S. will also trigger:

(A) the filing of the Government’s motion to dismiss Arrowood v. U.S.;

(B) setting deadlines for the plaintiffs to file their responses to the Government’s motions to dismiss Cacciapalle v. U.S., Fisher v. U.S., and Washington Federal v. U.S.; and

(C) the filing of the Government’s answers to or motions to dismiss the complaints filed in Rafter v. U.S. and Reid v. U.S.

The Government will likely renew its request to stay further briefing until the D.C. Circuit has ruled on the pending appeals from Judge Lamberth’s decision.  Speaking of those appeals, the parties are awaiting direction from the D.C. Circuit about how many words their appellate briefs may contain.

In early-April we should also see an appeal to the Eighth Circuit from Judge Pratt’s decision in Continental Western v. FHFA.

Additionally, Chapman has put together the definitive GSE litigation primer for us all:

GSE Litigation (pdf)