The government says it needs 14 more days to respond to Fairholme’s motion to amend its complaint that added an illegal exaction claim, and a copy of that unopposed filing is attached to this e-mail message. 13-465-0416
The Class Plaintiffs’ filed a corrected version of their motion for class certification today changing one of the lawyers’ names, and copies of the documents necessary to make that correction are attached to this e-mail message. 13-mc-01288-0082 13-mc-01288-0082-1
Appaloosa and other Jones Day clients filed second amended complaints in the U.S. Court of Federal Claims this afternoon, and a copy of Appaloosa’s second amended complaint is attached to this e-mail message. Appaloosa and other Jones Day clients also ask Judge Sweeney to modify the briefing schedule in the U.S. Court of Federal Claims. A copy of that filing is also attached to this e-mail message. THe amended complaints amend their illegal exaction claims to include the theory that the imposition of the Net Worth Sweep was unauthorized because FHFA, according to the Fifth Circuit, was unconstitutionally structured.
Appaloosa and other Jones Day clients suggest that the government file a standalone motion to dismiss their illegal exaction claims by Oct. 1, that the Jones Day clients respond by Oct. 23, and that the existing briefing schedule be preserved in all other respects. 18-370-0017 18-370-0018