There will now be a status conference held on Wednesday

In accordance with this Court’s Order of August 13, 2014 (Doc. 85), the parties hereby notify the Court that they believe that the Court should hold the status conference currently scheduled for January 28.

Fannie Mae, Freddie Mac: Joint Status Report Regarding January 28 Status Conference

Pursuant to the Court’s August 13 Order, the parties further provide the following “summary description of the topic areas” that they may wish to discuss at the status conference: (1) the general status of the discovery previously authorized by the Court; (2) Plaintiffs’ concerns regarding the pace at which Defendant is discharging its obligation to produce both responsive documents and privilege logs for those documents that Defendant has withheld from production; (3) Plaintiffs’ concerns regarding Defendant’s wholesale designation of all materials produced in discovery as Protected Information and its apparent failure to review the propriety of those designations; (4) Defendant’s concerns regarding Plaintiffs’ stated intent to seek the deposition testimony of current and former executives of Fannie Mae and Freddie Mac, including the chief executive officers; and (5) the schedule for briefing and consideration of possible discovery motions relating to the above topics, including a motion to extend the period of discovery.

The parties hereby notify the Court that the following attorneys for the Fairholme Plaintiffs plan to appear in person at the January 28 status conference:

  • David H. Thompson, Cooper & Kirk, PLLC
  • Vincent J. Colatriano, Cooper & Kirk, PLLC

The following attorneys for the Fairholme Plaintiffs plan to appear by telephone:

  • Charles J. Cooper, Cooper & Kirk, PLLC
  • Christine Cubias, General Counsel, Fairholme Funds, Inc.

[drizzle]The following attorneys for the United States plan to appear in person:

  • Kenneth M. Dintzer
  • Elizabeth M. Hosford
  • Gregg M. Schwind

The following other attorneys plan to appear by telephone:

  • Zac Hudson, Bancroft PLLC (representing Fannie Mae)
  • Michael Ciatti, King & Spalding (representing Freddie Mac)

In accordance with the Court’s prior orders, counsel for the Fairholme Plaintiffs has contacted counsel for the plaintiffs in the related cases pending before this Court. The following attorneys intend to listen to the status conference telephonically:

  • Hamish Hume, Boies, Schiller & Flexner (Cacciapelle v. United States, No. 13-466)
  • Richard M. Zuckerman, Dentons (Arrowood Indemnity Corp. v. United States, No. 13-698)
  • Noah Schubert, Schubert Jonckheer & Kolbe (Fisher v. United States, No.13-608, Reid v. United States, No. 14-152)
  • Miranda Kolbe, Schubert Jonckheer & Kolbe (Fisher v. United States, No. 13-608, Reid v. United States, No. 14-152)
  • Ed Haber, Shapiro Haber & Urmy (Fisher v. United States, No. 13-608, Reid v. United States, No. 14-152)
  • Robert M. Roseman, Spector Roseman Kodroff & Willis (Washington Federal v. United States, No. 13-385)
  • Jennifer Fountain Connolly, Hagens Berman (Washington Federal v. United States, No. 13-385)
  • Louis C. Ludwig, Pomerantz LLP (American European Insurance Co. v. United States, No. 13-496)

Finally, the Fairholme Plaintiffs wish to inform the Court that because it is possible that the Fairholme Plaintiffs’ counsel will need to refer during the status conference to documents that have been produced in discovery and that have been designated by the producing parties as Protected Information within the meaning of the Protective Order issued by the Court in this action (Doc. 73), it may be necessary for the Court, during portions of the status conference, to take precautions to ensure that Protected Information is not disclosed to persons who have not been authorized to receive it. Thus, it may be necessary for the Court to clear the courtroom of such non-authorized persons, and to limit telephone participation to authorized persons, during portions of the status conference.

Date: January 26, 2015

Respectfully submitted,

JOYCE R. BRANDA

Acting Assistant Attorney General

s/ Robert E. Kirschman, Jr.

ROBERT E. KIRSCHMAN, JR.

Director

s/ Kenneth M. Dintzer

KENNETH M. DINTZER

Acting Deputy Director

Commercial Litigation Branch

U.S. Department of Justice

P.O. Box 480 Ben Franklin Station

Washington, D.C. 20044

(202) 616-0385

(202) 307-0972 fax

KDintzer@CIV.USDOJ.GOV

Attorneys for Defendant

s/ Charles J. Cooper

Charles J. Cooper

Counsel of Record for Plaintiffs

COOPER & KIRK, PLLC

1523 New Hampshire Avenue, N.W.

Washington, D.C. 20036

(202) 220-9600

(202) 220-9601 (fax)

ccooper@cooperkirk.com

Of counsel:

Vincent J. Colatriano

David H. Thompson

Peter A. Patterson

Brian W. Barnes

COOPER & KIRK, PLLC

1523 New Hampshire Avenue, N.W.

Washington, D.C. 20036

(202) 220-9600

(202) 220-9601 (fax)

Fannie Mae: Notice Regarding Ex Parte And Other Inappropriate Communications To Chambers

On April 9, 2014, the court entered an order in the above-captioned case stating that it will not entertain ex parte communications under any circumstances, and directing counsel to notify their clients that they shall not initiate any such communications. Despite this order, over the course of the last few months, the court has received several communications from shareholders and other parties, either requesting or offering information regarding this case. Ex parte communications, whether from counsel or a party, are categorically and unequivocally inappropriate. In addition, the court will not entertain queries from members of the public, including news agencies.

Any questions regarding this case shall be directed to the Clerk’s Office. Counsel shall advise their respective clients that the court will not tolerate any further attempts at ex parte communications with the court.

IT IS SO ORDERED.

s/ Margaret M. Sweeney

MARGARET M. SWEENEY

Judge

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