Fannie Mae (OTCB:FNMA), Freddie Mac (OTBC:FMCC) Fairholme Lawsuit
The JOINT STATUS REPORT REGARDING PROPOSED PROTECTIVE ORDER Has been filed in the Fairholme lawsuit. I have attached PDF files, Analysis to follow. via TimHoward717.com
JOINT STATUS REPORT REGARDING PROPOSED PROTECTIVE ORDER
Consistent with this Court’s Orders of June 19, 2014 (Doc. 62) and June 24, 2014 (Doc. 67), the parties hereby respectfully submit their respective proposals for a protective order gov-erning the treatment of materials produced in discovery. Because, after extensive negotiations, the parties were not able to reach agreement on all provisions of a proposed protective order, they attach hereto their competing proposals for the Court’s consideration,1 and present below their respective statements in support of those proposals.
While the parties were able to reach agreement on a large number of provisions to be in-cluded in the protective order, there are two important issues with respect to which the parties were unable, after considerable effort, to find common ground. These areas of disagreement re-late to (1) the definition of “Protected Information”; and (2) whether, in the event of disputes be-tween the parties regarding whether particular materials produced in discovery should be treated as Protected Information, the producing party should bear the burden of demonstrating that the materials should be so treated. The parties briefly outline below their position with respect to each of these questions, and present, for the Court’s convenience, tables comparing the parties’ proposals on each disputed item.2
| 2. Protected Information Defined. “Protected Infor- |
| mation” as used in this Protective Order means pro- |
| prietary, trade secret, or market-sensitive information, |
| as well as information that is otherwise protected from |
| public disclosure under applicable law. Protected In- |
| formation does not include discovery material that has |
| been provided to or prepared by any Government |
| agency (which shall include, for these purposes, |
| FHFA) and that is available to the public under the |
| Freedom of Information Act or other applicable law. |
| The designation of information as Protected Infor- |
| mation must be made or supervised by an attorney. |
| To facilitate the expeditious production by a party of |
| information requested in discovery by another party, |
| the producing party may initially designate all infor- |
| mation that it produces as Protected Information, sub- |
| ject to the right of the receiving party, in accordance |
| with the procedures established under Paragraph 19 of |
| this Protective Order, to thereafter challenge the des- |
| ignation of the information as Protected Information. |
