1. FAIRHOLME FUNDS, INC. et al v. USA is moving forward according to the court ordered discovery schedule. A status conference is scheduled for May 7, 2014 unless jointly stipulated by the parties as unnecessary.
The findings that would be key is evidence of collusion between the US Treasury and the FHFA in the formation of the third amendment to the PSPAs that indicates clear knowledge of forthcoming profitability and the US Treasury effort to subvert all of those profits to the US Treasury in violation of APA and HERA 2008 by directing and causing the FHFA to sign the 3rd amendment to the PSPAs.
2. PERRY CAPITAL LLC v. LEW et al is perhaps delayed by 30 days in moving forward, if the parties stipulated schedule was adopted by the presiding Judge.
Nothing was found on Pacer of May 2, 2014. So we are blind concerning the Perry Capital case at this moment.
The last document filed was a [proposed] order denying the defendants' motions to dismiss and motions for summary judgment, and granting plaintiffs cross-motion for summary judgment.
The proposed order stated: It is hereby ORDERED that:
1. Treasury Defendants’ Motion to Dismiss, or in the Alternative, for Summary Judgment is DENIED.
2. FHFA Defendants’ Motion to Dismiss, or in the Alternative, for Summary Judgment is DENIED.
3. Plaintiffs’ Cross-Motion for Summary Judgment is GRANTED.
4. The Third Amendment, including its provisions that sweep the full amount of the Companies’ net worth to Treasury, that prevent redemption of the Government Preferred Stock, and that accelerate the Companies’ dissolution, is hereby VACATED and SET ASIDE.
5. IT IS FURTHER ORDERED THAT the Treasury Defendants and their officers, employees, and agents shall not implement, apply, or take any action whatsoever pursuant to the Third Amendment
6. IT IS FURTHER ORDERED THAT the FHFA Defendants and their officers, employees, and agents shall not implement, apply, or take any action whatsoever pursuant to the Third Amendment.
7. IT IS FURTHER ORDERED THAT within 20 days of the date of this Order, the parties shall submit briefs with respect to what remedy is appropriate with respect to all payments made to Treasury under the Third Amendment in excess of the amounts which would have been due, as of the dates of such payments, as dividends absent the Third Amendment, and what further relief, if any, should be embodied in a Judgment to implement the terms of this Order.
8. IT IS FURTHER ORDERED THAT Plaintiffs shall be awarded reasonable costs, including attorneys’ fees, incurred in bringing this action, and such other further relief as the Court deems just and proper.