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Fairholme and the Government delivered their Joint Status Report to Judge Sweeney late last night, and a copy of that filing is attached to this e-mail message.

The proposed schedule starts with resolution of Fairholme's Motion to Compel (Doc. 270 filed Nov. 23, 2015).  The Government filed its Response (Doc. 284) to the Motion to Compel under seal on Jan. 21, 2016.  Absent a request for more time, Fairholme's Reply is due by Feb. 1, 2016, and is likely to be filed under seal.  Judge Sweeney will convene a hearing, likely closed to the public, if she thinks that will be helpful, and she'll issue her decision on the appropriateness of the Government's assertion of the deliberative process privilege, bank examination privilege, and presidential communication privilege.  In response to Judge Sweeney's ruling on the Motion to Compel, Fairholme will receive whatever her order says the Government should turn over.

When discovery is wrapped up, Fairholme and the other shareholder-plaintiffs intend to amend their complaints within 45 days.  The Government then intends to file an Omnibus Motion to Dismiss the all of the cases before Judge Sweeney 120 days after the amended complaints are filed.  Within the 90 days following the filing of the Omnibus Motion to Dismiss, the plaintiff-shareholders will file their responses and objections to the Omnibus Motion to Dismiss.  The Government will file its reply in support of its Omnibus Motion to Dismiss within the 90 days thereafter.  Then Judge Sweeney will hold a hearing if she wishes and rule on the Government's Omnibus Motion to Dismiss.

Assuming discovery draws to a close on Mar. 31, 2016, the timetable would be:

-- Amended Complaints filed May 15, 2016; -- Omnibus Motion to Dismiss filed Sept. 12, 2015; -- Responses to the Omnibus Motion to Dismiss filed Dec. 11, 2016; -- Reply in support of Omnibus Motion to Dismiss filed Mar. 11, 2017; and -- Judge Sweeney's decision on Omnibus Motion to Dismiss some time thereafter.  13-465-0288