Protective order requests by government.
In my opinion, this is a total joke. Judge Sweeney has already made it VERY clear she intends to allow broad discovery. Those are even her exact words. There is NO way the judge is going to allow all these requests.
REQUEST NO. 6: Any and all documents relating to the standards for determining when, whether, and how to terminate the conservatorships of the Companies, including but not limited to documents relating to Treasury’s authority to prevent termination of the conservatorships by withholding consent to termination of the conservatorships.
REQUEST NO. 7: Any and all documents relating to Defendant’s commitment to ensure that existing equity holders will not have access to positive earnings from the GSEs, including the development of this policy and actions taken pursuant to this policy. See, e.g., T202.
REQUEST NO. 8: Any and all documents relating to Defendant’s policies to reduce the Companies’ role in the mortgage market and to wind the Companies down, including development of those policies and actions taken pursuant to those policies. See, e.g., T207.
REQUEST NO. 9: Any and all documents reflecting communications between FHFA and/or Treasury, on the one hand, and the Companies’ board members and executives, on the other hand, relating to termination of the conservatorships.
REQUEST NO. 10: Any and all documents relating to Defendant’s expectation that the Companies will not continue as they existed before the conservatorships. See, e.g., T2390.
REQUEST NO. 11: Any and all documents reflecting communications between FHFA and Treasury relating to the following subjects: the decision to place the Companies in conservatorship, the terms of the PSPAs, amendments to the PSPAs, the practice of making draws on Treasury’s funding commitment to fund dividends on Government Stock, the Periodic Commitment Fees authorized by the PSPAs, and FHFA’s strategic plan for the conservatorships released in February 2012.
REQUEST NO. 12: Any and all documents relating to whether and under what circumstances the Companies could buy back the Government Stock or otherwise reduce the size of the Government Stock’s liquidation preference.
REQUEST NO. 13: Any and all documents relating to FHFA’s determination that it is obligated to maximize Treasury’s return on its investment in the Companies or otherwise prioritize the interests of taxpayers. See, e.g., T2376.
REQUEST NO. 15: Any and all documents reflecting communications between Treasury and the Justice Department relating to the Net Worth Sweep. See, e.g., T4332.
REQUEST NO. 16: Any and all documents relating to the considerations Defendant took into account when it imposed the Net Worth Sweep and the purposes of the Net Worth Sweep, including: . .
REQUEST NO. 17: Any and all documents reflecting communications relating to the Net Worth Sweep between FHFA and/or Treasury, and:
a. Fannie and Freddie Boards of Directors and Executives;
b. The Companies’ lawyers;
c. The Companies’ auditors;
d. Rating agencies or other market analysts.
REQUEST NO. 18: Any and all documents reflecting communications between members of the Federal Housing Finance Oversight Board (FHFA Director, Treasury Secretary, HUD Secretary, and SEC Chair) or their staffs, or any other person acting at their direction, relating to the imposition of the Net Worth Sweep.
REQUEST NO. 19: Any and all documents relating to the steps the United States has taken to ensure that potentially relevant evidence is not destroyed during the pendency of this action.
