No. Due process could only apply to cases filed prior to the Fairholme claim being filed. Fairholme was docketed on July 7, 2013. It's claim can go forward and a decision may be rendered by the court while the newer cases spin in other jurisdictions unless those cases get consolidated which seems highly unlikely in the Fairholme takings complaint.
Your conclusion could only render the Fairholme case a worthless dinosaur to be put on a shelf for the next many, many years. Fairholme may as well withdraw it and let the other legal teams scrounge for their own discovery. Right? That outcome would make Perry's Appeal the last gasp, enroute to some eventual SCOTUS ruling? I find this totally farfetched.
JMHO.
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