Fannie Mae-No Politics (FNMA)

[obiterdictum]

...what do you suppose the cause for "moot"ing the motion to dismiss is? Could it be a mere technicality or something more? The fact that Reade ordered for an administrative record to be produced seems to indicate that its not just a technicality.

From the court filings and record, it can be seen that local judicial rules are, perhaps, the main reasons for inaccessible documents and not being able to read Chief Judge Reade's comments, arguments or opinions on the formerly pending motions for dismissal, if any.

This restriction is directly related to Local Rules of the Iowa court (LR 5(c) - http://1.usa.gov/1mxTf7H). Under this rule, a document filed under seal is, generally, electronically accessible only to the court and counsel of record. These rules do not allow the content of the Fairholme documents that are under protective seal ("information revealed by materials produced in discovery subject to a protective order in Fairholme Funds, Inc. v. United States) to be publicly revealed. These protected documents are now filed with the court and are part of the Plaintiffs' sealed motions and sealed amended complaint and the Defendants' sealed responses. So, further motions and court orders related to these sealed documents also are sealed or accessible only to the court and counsel of record. The Fairholme documents and the contents cannot be revealed and arguments and opinions based on these documents also cannot be revealed.

Since the sealed and protected documents and content are not available, Chief Judge Leslie R. Reade's comments and opinion are not available to the public.

Ie docket 60 may contain her opinion rejecting the governments arguments in its motion to dismiss. If so, the government seems to be in a bit of a bind, since they've previously stated that they did not maintain an administrative record.

Yes. Defendants have previously denied in Perry that there was no administrative record related to the third amendment of the PSPAs. The tables have turned and the Defendants are now in the position to accept, deny or evade in some way the court's order to produce the administrative record (http://gselinks.com/Court_Filings/Saxton/15-00047-0062.pdf). Time will tell what they will do.

Reference
Filings Under Seal and Court Responses
49 - http://gselinks.com/Court_Filings/Saxton/15-00047-0049.pdf
50 - http://gselinks.com/Court_Filings/Saxton/15-00047-0050.pdf
51 - http://gselinks.com/Court_Filings/Saxton/15-00047-0051.pdf
53 - http://gselinks.com/Court_Filings/Saxton/15-00047-0053.pdf
54 - http://gselinks.com/Court_Filings/Saxton/15-00047-0054.pdf
57 - http://gselinks.com/Court_Filings/Saxton/15-00047-0057.pdf
58 - http://gselinks.com/Court_Filings/Saxton/15-00047-0058.pdf