Over 5 years to pass a bill and now that FnF are paid off, it will be up to Watts to release FnF out of C-ship. Bill? What bill? They had over 5 years to do it and it's still not done...that window is already closed or close to it. Senator Warren has mentioned in the past that Mel Watts is in place to do the job...passing on the buck...
The Government filed response today. It's a 25 page document. Here is the cover page:
TABLE OF CONTENTS PAGE INTRODUCTION ... 1 ARGUMENT ..3 I. Standards Of Review For Permitting Discovery In The Face Of A Motion To Dismiss ..... 3 II. Plaintiffs Have Not Articulated A Valid Basis For The Court To Permit Discovery At This Early Stage Of The Litigation ...5 A. Plaintiffs Are Not Entitled To Jurisdictional Discovery .. 6 1. There Are No Jurisdictional Facts In Dispute Related To The Legal Question Of Ripeness .. 6 2. Plaintiffs Are Not Entitled To Discovery With Respect To The Legal Question Of FHFA’s Status When It Acts As Conservator ... 8 B. Plaintiffs Are Not Entitled To Discovery With Respect To Their Failure To State A Viable Takings Claim Under RCFC 12(b)(6) ... 12 1. The Government’s Citation To A Press Release Does Not Warrant Converting The Pending Motion To One For Summary Judgment ....12 2. The Government’s RCFC 12(b)(6) Challenge To The Sufficiency Of The Complaint Does Not Require The Resolution Of Any Factual Disputes ... 15 a. The Court Need Not Decide The Purpose Or Voluntariness Of The Third Amendment In Order To Dismiss Plaintiff’ Claim Under Penn Central ... 16 b. There Is No Material Dispute As To Whether The Enterprises Were Placed Into Conservatorships At A Time When They Were Facing Insolvency ... 18 CONCLUSION .. 20 For these reasons, the Court should deny plaintiffs’ motion for discovery. The Court should then lift the current stay granted at the request of plaintiffs and direct plaintiffs to respond to the motion to dismiss in short course.
"The Obama administration has been working with Senate Banking Committee Chairman Tim Johnson, a South Dakota Democrat, and Mike Crapo of Idaho, the panel’s top Republican, on their bill. It’s expected to replace Fannie and Freddie with a new agency. "