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Fairholme and the government have delivered three additional documents to the Federal Circuit:

     (x) the government's petition (Doc. 2) to initiate an interlocutory appeal, placing these six questions before the appellate tribunal:

         (1) Whether plaintiffs have standing to assert derivative claims notwithstanding the Housing and Economic Recovery Act's provision transferring all shareholder rights to FHFA during a conservatorship;

         (2) Whether FHFA’s actions as conservator are attributable to the United States such that the court possesses subject-matter jurisdiction to entertain plaintiffs' derivative takings and illegal exaction claims; and

         (3) Whether plaintiffs’ allegations that FHFA entered into an implied-in-fact contract with the enterprises to operate the conservatorships for shareholder benefit fail as a matter of law;

     (y) the government's response (Doc. 6) to Fairholme's petition saying the government's questions are better than Fairholme's; and

     (z) Fairholme's answer (Doc. 12) to the government's petition showing how the answers to its questions will materially advance all of the cases before Chief Judge Sweeney;

and copies of these three filings are attached to this e-mail message.

20-121-0006Download

20-122-0002Download

20-122-0012Download