Case 13-5005; Doc. # 35, fn 12), and in its on-the-record representations to the United States Court of
Appeals for the Federal Circuit in that same proceeding.
2. JUDGE: Okay. Mr. Fountain [Atty for JPMorgan Chase]. Can I ask the same question of you that I
just asked Mr. Todor, whether there would be any [unintelligible - 00:21:11] or claim preclusion argument made or
makeable in a separate action against whoever ends up winning in the Court of Federal Claims on the question of
who owns the cause of action?
JPMorgan ATTORNEY: Yes, Your Honor…the money will be sitting somewhere at that point; either the money
will have been paid to JP Morgan as a successor in interest to [A]nchor… Or it will remain with the government.
And so there will be a practical effect, and they can, as they say, follow the money.
JUDGE: But you’re not going to go in court and say, “Oh, you missed your chance.”
JPMorgan ATTORNEY: No, sir.
And from p. 13 of transcript:
1. JPMorgan ATTORNEY: Whether [JPMorgan Chase Bank] or some successor in interest … has a
contractual obligation to remit a percentage of those judgment proceeds to [LTW holders like Plaintiffs] can be
litigated in another proceeding
