IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
PERRY CAPITAL LLC,
Appellant,
v.
JACOB J. LEW, et al.,
Appellees.
Nos. 14-5243 (L),
14-5254 (con.),
14-5260 (con.),
14-5262 (con.)
FAIRHOLME’S UNOPPOSED MOTION TO UNSEAL
ITS THIRD MOTION FOR JUDICIAL NOTICE AND
SUPPLEMENTATION OF THE RECORD
Pursuant to Circuit Rule 47.1(c), Plaintiffs-Appellants in No. 14-5254
(“Fairholme”) hereby submit this unopposed motion to unseal Fairholme’s Third
Motion for Judicial Notice and Supplementation of the Record and the
accompanying appendix, which Fairholme filed under seal on February 2, 2017. In
support of its motion, Fairholme states as follows:
1. On February 2, 2017, Fairholme filed a motion asking the Court to take
judicial notice of, and supplement the record with, certain documents that had
been produced to it in related litigation in the Court of Federal Claims (CFC).
Because those documents were subject to a protective order in the CFC
litigation, Fairholme filed its motion and accompanying appendix under seal.
USCA Case
#14-5243 Document
#1661267 Filed: 02/14/2017 Page 1 of 4
2
2. Paragraph 15 of the protective order that applies to documents produced in
the CFC litigation permits a party that produces a document to remove the
“Protected Information” designation from that document, thus allowing its
public disclosure. Second Amended Protective Order ¶ 15, Fairholme Funds,
Inc. v. United States, No. 13-465 (Fed. Cl. Nov. 9, 2015), Doc. 256. The
United States produced the documents discussed in Fairholme’s motion and
included in its appendix, and on February 9, 2017, counsel for the United
States agreed to remove the “Protected Information” designations from those
documents.
3. In view of the United States’ agreement to remove the “Protected
Information” designations from these materials, all of the information in
Fairholme’s motion and accompanying appendix is now in the public domain.
Pursuant to Circuit Rule 47.1(c), Fairholme respectfully requests that the
Court unseal these filings. Good cause exists for granting this motion because
it will enable the Court to discuss relevant information in Fairholme’s filings
without the need to issue its opinion under seal.
4. Fairholme has consulted counsel for both Treasury and FHFA, and this
motion is unopposed.
February 14, 2017 Respectfully submitted,
/s/ Charles J. Cooper
Charles J. Cooper