On March 31, 2015, the Fairholme vs US Status Conference was not quite uneventful. The conference actually brought interesting clues. Apparently, Mr. Cooper, Plaintiff Attorney would like to forge ahead with the deposition process by seeking to depose two former FHFA directors and another individual whom were involved with 2008 Conservatorship & PSPA and 2012 3rd Amendment; even though, his team haven’t received or were granted full access to privileged information. On the surface, it appears that would be a very risky move but; upon further thought, Mr. Cooper might have more than enough evidence to move forward with deposition to expedite the discovery process along with the trial. He has scheduled depositions for April 17 and April 29 but would consider and open to reschedule for May but not willing to accept anything beyond May.
On the other hand, Mr. Schwind, Defendant continues to deploy all tactics to delay the discovery process but again the defendant received another strike from Judge Sweeney. She clearly said “It’s up to Plaintiffs as to how they want to conduct the depositions, you know, what time line. You all are very able counsel.”
Bottom line, Discovery is forging ahead with a surprise early deposition move from Mr. Cooper while Mr. Schwind continues with his roadblock antics but Judge Sweeney is not biting by allowing Plaintiff attorney to move forward and conduct deposition.
The end date of Discovery is scheduled for the end of June with a possibility of an extension.
Status Conference Transcipt See comment section.