What the government doesn't know is that they have a fiduciary duty to provide all documents to all parties requested due to the rules and regulations of operating a public company. Public companies mean exactly as they are defined, "owned by the public", therefore any and all information must be readily available to the owners even though they have no voting rights the two are entirely different.
[ If the Saxton Plaintiffs had access to the materials produced in discovery in this
action, they would seek to amend their complaint. The Saxton Plaintiffs drafted their complaint
using only publicly available information about the Net Worth Sweep, most of which was
selected by FHFA and Treasury for public disclosure. It is apparent from Fairholme’s public
filings that the available materials on which the Saxton Plaintiffs relied when they drafted their
complaint are, at a minimum, incomplete. The Saxton Plaintiffs therefore need access to
Case 1:13-cv-00465-MMS Document 260 Filed 11/16/15 Page 2 of 6
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protected information so that they can amend their complaint to account for facts about the Net
Worth Sweep that the Government has purposefully concealed from the public ]
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