Fannie Mae-No Politics (FNMA)

[TII]

New filing in Fairholme case a few hours ago...

Case 1:13-cv-00465-MMS Document 248 Filed 10/07/15 Page 1 of 2

John W.F. Chesley
Direct: +1 202.887.3788
Fax: [phone]
[e-mail]
Client: 73817-00001
October 7, 2015
VIA ELECTRONIC FILING AND OVERNIGHT MAIL
Hon. Margaret M. Sweeney
United States Court of Federal Claims
Howard T. Markey National Courts Building
717 Madison Place, N.W.
Washington, D.C. 20439
Re: Fairholme Funds, Inc. v. United States, No. 13-465C – Pending Applications of
Certain Counsel Representing Perry Capital LLC, Appellant in Perry Capital LLC v.
Lew, No. 14-5243(L) (D.C. Cir.), for Access to Protected Information, or, in the
Alternative, Motion to Amend the Amended Protective Order
Dear Judge Sweeney:
I write as counsel for Perry Capital LLC (“Perry Capital”). On August 11, 2015, Perry
Capital filed applications for access to Protected Information in Fairholme Funds, Inc. v.
United States, No. 13-465C. The government opposed that request, and briefing was
completed on August 20, 2015. Those applications remain pending.
Perry Capital continues to suffer prejudice as it is unable to access Protected Information that
has been filed in its appeal before the United States Court of Appeals for the D.C. Circuit.
Perry Capital respectfully requests that the Court grant the requested relief at its earliest
convenience; or, in the alternative, that the Court schedule a hearing to allow Perry Capital to
be heard on its request.
Respectfully,
/s/ John W.F. Chesley
John W.F. Chesley
cc: Charles J. Cooper, Esq. (counsel for Plaintiffs via ECF)
Kenneth M. Dintzer, Esq. (counsel for Defendant via ECF)
1
CERTIFICATE OF SERVICE
I certify that on this 7th day of October, 2015, I caused the foregoing to be filed with the
Clerk of the United States Court of Federal Claims using the CM/ECF system. Service was
accomplished on the following persons by the CM/ECF system:
Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire, NW
Washington, D.C. 20036
[phone]
Fax: [phone]
Email: [e-mail]
Kenneth Michael Dintzer
U. S. Department of Justice - Civil Div.
Post Office Box 480
Ben Franklin Station
Washington, D.C. 20044
[phone]
Fax: [phone]
Email: [e-mail]
Dated: October 7, 2015
Respectfully submitted,
/s/ John W.F. Chesley
John W.F. Chesley
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
Telephone: [phone]
Facsimile: 202.467.0539
Counsel for Perry Capital LLC
Case 1:13-cv-00465-MMS Document 248 Filed 10/07/15 Page 2 of 2