Case 1:13-cv-00465-MMS Document 8 Filed 08/26/13 Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FAIRHOLME FUNDS, INC., et al.,

Plaintiffs,
v.
THE UNITED STATES,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

No. 13-465C
(Judge Sweeney)

PLAINTIFFS UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME

Pursuant to Rules 6(b)(1)(A) and 6.1 of the Rules of this Court, Plaintiffs Fairholme
Funds, Inc., et al. respectfully request an enlargement of time to submit their response to the
Governments August 9, 2013 Motion to Stay or, in the Alternative, Motion for an Enlargement
of Time (Stay Motion). In particular, Plaintiffs request a four-day enlargement of time to respond to the Governments Stay Motion, to and including August 30, 2013. In support of their
motion, Plaintiffs state as follows:
1.

This action is one of several pending before this Court challenging the Third

Amendment to Preferred Stock Purchase Agreements between the United States Treasury, on
the one hand, and the Federal Housing Finance Administration in its capacity as conservator for
the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation,
on the otheri.e., the Net Worth Sweepas an uncompensated taking in violation of the Fifth
Amendment. See Stay Motion 1-2.
2.

The Governments Stay Motion primarily requests that this case be stayed until

resolution of various actions pending before the United States District Court for the District of
Columbia challenging the Net Worth Sweep under the Administrative Procedure Act. The Gov-

Case 1:13-cv-00465-MMS Document 8 Filed 08/26/13 Page 2 of 2

ernment has filed similar motions in the other cases before this Court identified in the Stay Motion as challenging the Net Worth Sweep. See Washington Fed. v. United States, No 13-385
(Fed. Cl.), ECF No. 12; Cacciapelle v. United States, No. 13-466 (Fed. Cl.), ECF No. 12; Am.
European Ins. Co. v. United States, No. 13-496 (Fed. Cl.), ECF No. 12; Dennis v. United States,
No. 13-542 (Fed. Cl.), ECF No. 6.
3.

Plaintiffs request an enlargement of time of four days to respond to the Govern-

ments Stay Motion to provide them and the plaintiffs in the various other cases challenging the
Net Worth Sweep in this Court additional time to confer and attempt to coordinate a response to
the Governments motions.
4.

This is Plaintiffs first request for an enlargement of time to respond to the Gov-

ernments Stay Motion.

5.

Counsel for the Government has stated that the Government will not oppose this

motion.
For the foregoing reasons, Plaintiffs request a four-day enlargement of time, to and including August 30, 2013, to respond to the Governments Stay Motion.
Date: August 26, 2013

Respectfully submitted,
s/ Charles J. Cooper
Charles J. Cooper
Counsel of Record
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, N.W.
Washington, D.C. 20036
(202) 220-9600
(202) 220-9601 (fax)
ccooper@cooperkirk.com

Of counsel:
Vincent J. Colatriano
David H. Thompson
Peter A. Patterson
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, N.W.
Washington, D.C. 20036
(202) 220-9600
(202) 220-9601 (fax)