http://www.kccllc.net/wamu/document/0812229130823000000000006
**Ordered that WMILT shall (within 30 days from the entry of this order) file a declaratory judgment action (naming the FDIC, FRB, and all claimants) seeking a determination whether WMILT is precluded by 12 U.S.C. 1828 (k), 12 C.F.R. 163.39, 12 C.F.R 359 or any other similar provision from paying any of the claimants if their claims are allowed by this Court, whether after trial or approval of a settlement. **
Actually, the main point Rosen tried to make to JMW in the hearing is that WMILT was in total agreement with the FDIC and that he was not the right party to file for a declaratory judgment because of that. He insisted that the claimants file it since they were the ones who did not want the FDIC to intervene. Even though you say there's nothing negative, from Rosen's position it puts him in the initiator position. Not sure if that would limit him in any arguments in support of the FDIC. I'd trust Rosen's judgment on the position he's in. In fact, remember Rosen even told JMW that she could write the order but he would have to decide how to deal with it after she did.