Fairholme Continues to Uncover Evidence in Discovery

Fairholme continues to unearth documents via discovery that bolster its case vs our government. They have request that Sweeney allow them to share the docs with the other courts and rather have to make the same request every time (discovery is ongoing) they find something, they’ve request Sweeney just allow them to submit the evidence.

I have no idea how she will rule. I can see an argument for both sides. On the one hand it is a waste of time to keep going back to the court so it can rubber stamp the request. On the other hand, the defence wants to avoid Fairholme just flooding the courts with documents. I think Sweeney will find some middle of the road solution.

They key point here is that discovery continues to reveal documents that help shareholders.

From the filing (emphasis mine):

PLAINTIFFS’ MOTION FOR GENERAL LEAVE TO FILE DISCOVERY MATERIALS UNDER SEAL IN OTHER LITIGATION CHALLENGING THE NET WORTH SWEEP

On September 4, 2015, this Court granted Plaintiffs leave to file certain Protected Information under seal in other litigation challenging the Net Worth Sweep. Doc. 240, at 2. Specifically, the Court authorized Plaintiffs to file under seal the materials identified in Plaintiffs’ motions to remove the “Protected Information” designations from various materials produced in discovery. See Docs. 148, 162, 165, 166, 169, 170, 171. In the weeks since Plaintiffs filed those motions, they have identified additional materials that they believe other courts considering challenges to the Net Worth Sweep would find useful. Rather than identifying those materials here and filing additional such motions as Plaintiffs continue to review discovery materials, Plaintiffs move for general leave to file any and all Protected Information under seal in other litigation challenging the Net Worth Sweep. The Court previously granted Plaintiffs general authority to file Protected Information in Plaintiffs’ suit in the D.C. Circuit and D.D.C. Doc. 212 (July 21, 2015). For the same reasons, the Court should also grant Plaintiffs general authority to file Protected Information under seal in other cases that concern challenges to the Net Worth Sweep.

Fairholme Filing (pdf)




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