Tonights news was in no uncertain terms a resounding victory for our cause. By accepting Fairholmes discovery schedule as proposed Judge Sweeney likely just dealt the death blow to the government case. I have posted the order as text below this entry. It is very clear that this news began to leak yesterday afternoon which is why we saw the price spike going into the close. It is also why we saw James Lockhart lash out with his comments, he is furious that he will now have to give a sworn deposition and reveal the government scheme. It is also why Rep. Delaney came out in defense of the sweep. These are powerful people who are use to getting what they want and now that their hastily contrived scheme is beginning to unravel expect to see many irrational, angry outbursts. As I pointed out it was very obvious in the emails between the government and Fairholme regarding the discovery schedule that in the absence of any legal basis to justify their actions, the governments only strategy was to try and stall as long as possible. Its very apparent that Judge Sweeney also is very clued in on this and is going to put a stop to it. The next few weeks should be very interesting, I expect to see some real bombshells breaking very soon. I will be posting more extensively on this over the weekend. I also want to take a minute to thank all the folks from around the world who have been visiting our new blog your support is much appreciated, I am honored. Today will be viewed as a major turning point in the histories of both Fannie and Freddie. Don’t ever give up and as always, Keep the faith!
On March 21, 2014, the parties in the above-captioned case filed status reports containing respective proposed schedules for jurisdictional discovery. The parties subsequently filed responses to such status reports. The court has reviewed the parties’ submissions, and after due consideration, adopts the following discovery schedule:Discovery shall commence on Monday, April 7, 2014, and shall be completed by Thursday, July 31, 2014.
During the discovery period, the court will conduct a telephonic status conference every two weeks, unless both parties concur and inform the court that a status conference is not necessary. Additionally, the court will make itself available if a dispute requiring its immediate attention arises at any other time during the discovery period. Status conferences shall take place on:
Wednesday, April 23, 2014, at 1:00 p.m.
Wednesday, May 7, 2014, at 11:00 a.m.
Wednesday, May 21, 2014, at 11:00 a.m.
Wednesday, June 4, 2014, at 11:00 a.m.
Wednesday, June 18, 2014, at 11:00 a.m.
Wednesday, July 2, 2014, at 11:00 a.m.
Wednesday, July 16, 2014, at 11:00 a.m.
Wednesday, July 30, 2014, at 11:00 a.m.
Defendant shall serve on plaintiffs its RCFC 26(a)(1)(A)(i) and (ii) initial disclosures no later than Monday, April 7, 2014.
Plaintiffs shall serve on the government their initial round of document requests, if any, no later than Monday, April 7, 2014.
The parties shall serve interrogatories, if any, no later than Monday, April 7, 2014.
The responding party shall serve any objections to interrogatories within 14 calendar days of receiving such interrogatories.
With respect to all discovery requests, the responding party shall serve responses within 30 calendar days of receiving such requests.
The parties shall attempt to resolve objections, and discuss any issues regarding the format for production of responsive materials, over the 7-day period following the service of objections. If objections are not resolved by the end of that period, the objecting party shall bear the burden of moving for a protective order no later than 7 days after the close of that period.
Depositions shall be completed no later than Thursday, July 31, 2014.
Nothing in this order prevents the parties from entering into a claw-back agreement pursuant to Federal Rule of Civil Procedure 26(b)(5) and Federal Rule of Evidence 502.
In addition, by no later than Thursday, August 14, 2014, the parties shall file a joint status report (“JSR”) suggesting future proceedings in this case. If the parties cannot agree on a specific course of action, they must set forth their respective positions in the JSR, and not in separate status reports. Separate status reports shall be stricken from the docket.
IT IS SO ORDERED.
s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge