Fairholme Funds, Inc. v. United States

FRE 502(d); Quick Peek Procedure; Clawback Order; RCFC 26; Discovery

OPINION AND ORDER

SWEENEY, Judge

Before the court is plaintiffs’ second motion to compel the production of approximately 1500 documents defendant is currently withholding pursuant to the deliberative process and bank examination privileges. Plaintiffs seek access to these documents pursuant (o the “quick peek” procedure authorized by Rule 502(d) of the Federal Rules of Evidence (“FRE”). The court deems oral argument unnecessary and, for the reasons stated below, grants plaintiffs’ motion.

I. BACKGROUND 2

In their most recent…