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Fairholme urges Judge Chang to resist FHFA and Treasury's encouragement to dismiss the Roberts Plaintiffs' complaint before seeing relevant documents.  Fairholme tells Judge Chang that Mr. Ugoletti's deposition (contravening the declaration he supplied to Judge Lamberth) and Ms. McFarland's testimony have already uncovered evidence undercutting FHFA and Treasury's positions.  Fairholme anticipates that material contained in the 56 documents being reviewed by the Federal Circuit will contain more, as will the additional 11,000 secret documents the government doesn't want to produce.

Fairholme wants Judge Chang to delay ruling on the pending motions to dismiss until the government produces the documents Judge Sweeney told it to.

A copy of Fairholme's reply delivered to Judge Chang this afternoon is attached to this e-mail message.16-02107-0060