The Federal Deposit Insurance Corporation, et al v. Killinger et al
Filing
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DECLARATION of Steven P. Caplow filed by Defendants Kerry K Killinger, Linda C Killinger, Esther T Rotella, Stephen J Rotella, David C Schneider re 87 MOTION to Dismiss [Defendants Motion for a Reasonableness Determination and Entry of Final Judgment of Dismissal Pursuant to Settlement] MOTION to Dismiss [Defendants Motion for a Reasonableness Determination and Entry of Final Judgment of Dismissal Pursuant to Settlement] (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Caplow, Steven)
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Judge Marsha J. Pechman
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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THE FEDERAL DEPOSIT INSURANCE
CORPORATION, as RECEIVER of
WASHINGTON MUTUAL BANK,
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Plaintiff,
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v.
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KERRY K. KILLINGER, STEPHEN J.
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ROTELLA, DAVID C. SCHNEIDER, LINDA )
C. KILLINGER, and ESTHER T. ROTELLA, )
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Defendants.
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No.: 2:11-cv-00459-MJP
DECLARATION OF STEVEN P.
CAPLOW IN SUPPORT OF
DEFENDANTS’ MOTION FOR A
REASONABLENESS
DETERMINATION AND ENTRY
OF FINAL JUDGMENT OF
DISMISSAL PURSUANT TO
SETTLEMENT
Note on Motion Calendar:
February 24, 2012
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CAPLOW DECLARATION ISO DEFS.’ MOT. FOR
REASONABLENESS DETERM. AND ENTRY OF JUDGMENT
NO.: 2:11-CV-00459-MJP
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I, Steven P. Caplow, declare:
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I am a member at the law firm of Davis Wright Tremaine LLP and counsel of
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record in this action. I make this declaration in support of Defendants Kerry K. Killinger,
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Stephen J. Rotella, David C. Schneider, Linda C. Killinger and Esther T. Rotella’s
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(“Defendants”) Motion for Reasonableness Determination and Entry of Final Judgment of
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Dismissal Pursuant to Settlement, filed concurrently herewith. I am familiar with the facts set
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forth herein and could and would testify thereto if necessary.
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2.
Attached hereto as Exhibit A is a true and correct copy of the December 13, 2011
Settlement and Release Agreement between the Defendants and The Federal Deposit Insurance
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Corporation, as Receiver for Washington Mutual Bank (individually, the “FDIC,” and
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collectively with the Defendants, the “Parties”).
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3.
Attached hereto as Exhibit B is a proposed Final Judgment of Dismissal Pursuant
to Settlement.
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Attached hereto as Exhibit C is a true and correct copy of the Declaration of the
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Hon. Layn R. Phillips (U.S. District Judge, Ret.), the mediator who facilitated the Parties’
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settlement, dated February 22, 2012.
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5.
Attached hereto as Exhibit D is a true and correct copy of an Order dated
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February 15, 2012, issued in the Washington Mutual, Inc. (“WMI”) chapter 11 bankruptcy
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proceedings in the United States Bankruptcy Court, District of Delaware, granting the debtor’s
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motion for An Order Pursuant to Section 105(a) of the Bankruptcy Code and Rule 9019 of the
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Federal Rules of Bankruptcy Procedure (I) Approving Settlement Agreement in FDIC Litigation
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and Authorizing the Debtors’ Consummation thereof and (II) Modifying Automatic Stay under
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Section 362 of the Bankruptcy Code, as Necessary, to Allow Payment of Settlement Amount
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under Directors and Officers Insurance Policies (“9019 Motion”), approving the Settlement
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Agreement in this action.
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CAPLOW DECLARATION ISO DEFS.’ MOT. FOR
REASONABLENESS DETERM. AND ENTRY OF JUDGMENT
NO.: 2:11-CV-00459-MJP
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Attached hereto as Exhibit E are excerpts of the Second Amended and Restated
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Settlement Agreement, dated as of February 7, 2011, between the WMI debtors, JPMC, the
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FDIC in its capacity of receiver and corporate, and the official committee of unsecured creditors.
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Attached hereto as Exhibit F is a copy of the service list for the 9019 Motion
filed with the Bankruptcy Court (Exh. C to the 9019 Motion).
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Attached hereto as Exhibit G is a Certificate of Non-Objection, certifying that no
objections were filed to the WMI debtors’ 9019 Motion were filed.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
24th day of February 2012.
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s/ Steven P. Caplow
Steven P. Caplow
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CAPLOW DECLARATION ISO DEFS.’ MOT. FOR
REASONABLENESS DETERM. AND ENTRY OF JUDGMENT
NO.: 2:11-CV-00459-MJP
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CERTIFICATE OF SERVICE
I hereby certify that on February 24, 2012, the foregoing was electronically filed with the
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Clerk of the Court using the CM/ECF system which will send notification of such filing to all
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counsel of record who receive CM/ECF notification, and that the remaining parties shall be
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served in accordance with the Federal Rules of Civil Procedure.
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DATED this 24th day of February, 2012.
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Davis Wright Tremaine LLP
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By s/ Steven P. Caplow
Steven P. Caplow, WSBA #19843
Suite 2200
1201 Third Avenue
Seattle, Washington 98101-3045
Tel:
(206) 757-8018
Fax: (206) 757-7108
E-mail: stevencaplow@dwt.com
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CAPLOW DECLARATION ISO DEFS.’ MOT. FOR
REASONABLENESS DETERM. AND ENTRY OF JUDGMENT
NO.: 2:11-CV-00459-MJP
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