Fannie Mae-No Politics (FNMA)

[Patswil]

Chief Judge Sweeney entered
from Glen Bradford on Twitter--sounds like good news

http://www.glenbradford.com/wp-content/uploads/2020/03/13-698-0064.pdf

In the United States Court of Federal Claims
No. 13-698C
(Filed: March 30, 2020)
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ARROWOOD INDEMNITY COMPANY
et al.,
Plaintiffs,
v.
THE UNITED STATES,
Defendant.
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ORDER
The court conducted a status conference on March 5, 2020, during which the parties
discussed the implications for their case of the court’s December 6, 2019 opinion on defendant’s
motion to dismiss in Fairholme Funds, Inc. v. United States, 13-465C (“Fairholme Opinion”).
The parties also discussed the related issue of lifting the stay of the court’s consideration of
defendant’s motion to dismiss the instant case. After considering the parties’ arguments, the
court finds that it is appropriate to grant plaintiffs’ request, made during the status conference,
that the court consider supplemental briefing on the motion to dismiss. The court LIFTS the
stay in this matter to consider supplemental briefing.
The court DIRECTS plaintiff to file, by no later than Monday, April 6, 2020: (1) a
one-page overview following the template attached as Exhibit 1 and (2) a supplemental brief of
no more than five pages. In the supplemental brief, plaintiff should expand upon relevant points
from the overview, identify which claims (if any) it stipulates should be dismissed based on the
reasoning in the Fairholme Opinion, and identify which claims should not be dismissed.1
If
plaintiff is contending that the court should not dismiss the same type of claim (e.g., taking,
illegal exaction, and breach of contract) that it dismissed in the Fairholme Opinion, plaintiff
should explain why a different result is warranted for its case and do so with reference to specific
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Plaintiff’s stipulations, if any, will not be construed as a waiver of appellate rights or as
a waiver of any arguments concerning the propriety of the reasoning in the Fairholme Opinion.
Case 1:13-cv-00698-MMS Document 64 Filed 03/30/20 Page 1 of 2
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paragraphs in its complaint.2
The court also DIRECTS defendant to file a supplemental
response brief, not to exceed six pages, by no later than Monday, April 20, 2020.
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IT IS SO ORDERED.
s/ Margaret M. Sweeney
MARGARET M. SWEENEY
Chief Judge