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19-17304-0020Download

A ruling emerged this month in Timm v .Freddie, Case No. 19-17304 (D. N.J. July 9, 2020) (Shipp, J.), concluding Freddie Mac is not a government actor, and a copy of that written decision is attached to this e-mail message.

20-01673-001Download

Montilla, et al. v. Fannie Mae, et al., No. 20-01673, was initiated in the U.S. Court of Appeals for the First Circuit last week and asks the appellate tribunal to review a decision by the Honorable William E. Smith in the District of Rhode Island disagreeing with his colleague Chief Judge McConnell in Sisti that FHFA is a government actor.  You'll recall Chief Judge Sweeney relied on Chief Judge McConnell's decision in Sisti to conclude FHFA is a government actor Fairholme and other shareholders can sue in the U.S. Court of Federal Claims.  The First Circuit will likely consolidate this new appeal with FHFA's pending appeal of the Sisti decision.  A copy of the abbreviated Montilla record delivered to the First Circuit is attached to this e-mail message and includes a copy of Judge Smith's opinion saying FHFA is not a government actor.

18-cv-03478-0043Download

Judge Alejandro entered an order staying Wazee's lawsuit in light of the U.S. Supreme Court's review of the Collins decision.  A copy of the order is attached to this e-mail message.