United States DC Circuit

In failing to produce all documents subpoenaed by senior executives at Fannie Mae, the Office of Federal Housing Enterprise Oversight failed to comply with discovery deadlines to which it agreed, and was properly held in contempt and sanctioned. The stipulated order's reference to "appropriate search terms" obligated the Office to process the search terms the individual defendants specified, even though this resulted in the retrieval of roughly 80 percent of the Office's emails.

Appellate Information

• Argued 11/10/2008
• Decided 01/06/2009
• Published 01/06/2009

Judges

• Before TATEL and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Nicholas J. Bagley, Attorney, U.S. Department of Justice, argued the cause for appellant.   With him on the briefs were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, R. Craig Lawrence and John C. Truong, Assistant U.S. Attorneys, and Mark B. Stern and Michael S. Raab, Attorneys.  Sarang V. Damle and Mark R. Freeman, Attorneys, entered appearances.


• For Appellees:
  
• Alex G. Romain argued the cause for appellees.   With him on the brief were Kevin M. Downey, Steven M. Salky, Eric R. Delinsky, and David S. Krakoff.