IN RE: FEDERAL NATIONAL MORTGAGE ASSOCIATION SECURITIES, DERIVATIVE & "ERISA" LITIGATION

Filing 4

MOTION to Intervene by FEDERAL HOUSING FINANCE AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Motion for Additional Stay of All Proceedings, # 3 Pollard Declaration)Associated Cases: 1:05-mc-00234-RJL, 1:04-cv-01784-RJL(nmw, )

IN RE: FEDERAL NATIONAL MORTGAGE ASSOCIATION SECURITIES, DERIVATIVE & "ERISA" LITIGATION

Doc. 4

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

In re Federal National Mortgage Association Securities, Derivative, and "ERISA" Litigation

MDL No. 1668

In re Fannie Mae Securities Litigation

Consolidated Civil Action No. 1:04-cv-01639 Judge Richard J. Leon

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In re Fannie Mae ERISA Litigation

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Kellmer v. Raines, et al.

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Middleton v. Raines, et al.

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Arthur v. Mudd, et al.

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Agnes v. Raines, et al.

Civil Action No. 1:08-cv-01093 Judge Richard J. Leon

MOTION OF THE FEDERAL HOUSING FINANCE AGENCY TO INTERVENE AS CONSERVATOR FOR FANNIE MAE Pursuant to its authority under 12 U.S.C. § 4617, the Federal Housing Finance Agency ("FHFA") hereby moves to intervene in the above captioned matters as conservator for Defendant Fannie Mae. On September 6, 2008, FHFA Director James B. Lockhart placed Fannie Mae under the conservatorship of FHFA pursuant to 12 U.S.C. § 4617(a)(1)-(2). As

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conservator, FHFA has succeeded to "all rights, titles, powers, and privileges" of Fannie Mae, including its right to sue and be sued in the federal courts. See 12 U.S.C. § 4617(b)(2)(A)(i). Accordingly, the FHFA, as conservator for Fannie Mae (the "Conservator"), is an appropriate party to the above-captioned matters, and respectfully requests that this Court enter an order allowing the Conservator to intervene in these matters as a party. In connection with this motion to intervene, the Conservator submits the attached motion for a 120-day stay of all of the above-captioned proceedings, and the Declaration of FHFA Counsel Alfred Pollard in support of that motion.

Dated: October 17, 2008

Respectfully Submitted /s/ David Felt _ David Felt Federal Housing Finance Agency 1700 G St., NW Washington, DC 20552 T: 202-414-3750 Counsel for FHFA, Conservator for Fannie Mae

CERTIFICATE OF SERVICE I certify that on October 17, 2008, I caused the foregoing to be electronically filed with the Clerk of Court. I understand that the Court will provide electronic notification of such filing to the counsel of record in this matter who are registered on the CM/ECF. /s/ David Felt. David Felt.