Judge keeps protection for key Treasury documents in Fairholme lawsuit

Extends discovery, open to hearing arguments to lift protection

U.S. Judge Margaret Sweeney has granted the government’s motion to keep sealed a number of key documents in the Fairholme Funds lawsuit against the U.S. Treasury over the controversial Third Amendment Sweep.

Here is a compendium of HousingWire’s coverage of the case.

Sweeney also granted the plaintiff’s motion to extend jurisdictional discovery, with a deadline of Dec. 31.

Because this case is in the jurisdictional discovery phase, the court finds that it is premature to grant at this juncture plaintiffs’ various motions to remove the “protected information” designation from certain deposition transcripts and documents produced during jurisdictional discovery. 

The court GRANTS plaintiffs’ request in Docket #166 to file under seal, and subject to the protective order, the unredacted transcripts and documents at issue in the aforementioned motions in any case challenging the Net Worth Sweep in which plaintiffs appear as parties or amici. 

Based upon plaintiffs’ counsel’s representations, the court DENIES AS MOOT plaintiffs’ motion to remove the “protected information” designation from certain unredacted information in documents produced by PricewaterhouseCoopers (Docket #172). 

Because plaintiffs’ various aforementioned motions for designation of certain discovery materials are denied, consequently, the court DENIES AS MOOT The New York Times Company’s motion to intervene and for an order de-designating discovery materials (Docket #177). 
Motions to de-designate or unseal, if such a request is made by a party or a proposed 
intervenor, will be entertained by the court after the conclusion of briefing of defendant’s motion to dismiss plaintiffs’ complaint.

The full motion can be found here.




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