The Federal Deposit Insurance Corporation, et al v. Killinger et al

Filing 56

DECLARATION of Tobin J. Romero filed by Defendants Kerry K Killinger, Linda C Killinger re 55 MOTION to Dismiss (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Romero, Tobin)

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The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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THE FEDERAL DEPOSIT INSURANCE
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CORPORATION, as RECEIVER of
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WASHINGTON MUTUAL BANK,
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Plaintiff,
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v.
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KERRY K. KILLINGER, STEPHEN J.
ROTELLA, DAVID C. SCHNEIDER, LINDA C. )
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KILLINGER, and ESTHER T. ROTELLA,
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Defendants.
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No. 2:11-cv-00459-MJP
DECLARATION OF TOBIN J. ROMERO
IN SUPPORT OF DEFENDANTS KERRY
K. AND LINDA C. KILLINGER’S
MOTION TO DISMISS

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Romero Declaration in Support of
Killinger Motion to Dismiss
Case No. 2:11-cv-00459-MJP

Williams & Connolly LLP
725 Twelfth St. NW, Washington, DC 20005
[phone]

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I, Tobin J. Romero, declare:

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1.

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I am an attorney at the law firm of Williams & Connolly LLP. I make this declaration in
support of Kerry K. and Linda C. Killinger’s Motion to Dismiss, filed concurrently

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herewith. I am familiar with the facts set forth herein and could and would testify thereto

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if necessary.

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2.

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Attached hereto as Exhibit 1 is a true and correct copy of an “OTS Fact Sheet on
Washington Mutual Bank” as released to the public by the Office of Thrift Supervision

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on September 25, 2008. See <tinyurl.com/DeclEx1>, at 2.
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3.

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Attached hereto as Exhibit 2 is a true and correct copy of the first page of a June 1, 2004

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“Strategic Direction” memorandum from Kerry Killinger to the Board of Directors of

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Washington Mutual Bank as released to the public by the Senate Permanent

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Subcommittee on Investigations on April 13, 2011. See <tinyurl.com/DeclEx2>, at 8.

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This memorandum is cited and quoted in the Receiver’s Complaint. See Compl. ¶¶ 22-

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25.

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4.

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Attached hereto as Exhibit 3 is a true and correct copy of the first page of a June 18, 2007
“Strategic Direction” memorandum from Kerry Killinger to the Board of Directors of

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Washington Mutual Bank as released to the public by the Senate Permanent

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Subcommittee on Investigations on April 13, 2010. See <tinyurl.com/DeclEx3>, at 133.

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This memorandum is cited and quoted in the Receiver’s Complaint. See Compl. ¶¶ 64-66.

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I declare under penalty of perjury that the foregoing is true and correct. Executed on June 30,
2011.

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/s Tobin J. Romero
Tobin J. Romero

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Romero Declaration in Support of
Killinger Motion to Dismiss
Case No. 2:11-cv-00459-MJP

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Williams & Connolly LLP
725 Twelfth St. NW, Washington, DC 20005
[phone]

CERTIFICATE OF SERVICE

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I hereby certify that on July 1, 2011, I electronically filed the foregoing with the Clerk of the
Court using the CM/ECF system, which will send notification of such filing to all participants in this

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case who are registered CM/ECF users. I further certify that all participants to this case are registered
with the CM/ECF system, and therefore no participant need be served by conventional methods.

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/s Tobin J. Romero
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TOBIN J. ROMERO (pro hac vice)
WILLIAMS & CONNOLLY LLP
725 Twelfth St., N.W.
Washington, DC 20005
Tel: [phone]
Fax: [phone]

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Romero Declaration in Support of
Killinger Motion to Dismiss
Case No. 2:11-cv-00459-MJP

Williams & Connolly LLP
725 Twelfth St. NW, Washington, DC 20005
[phone]