Thanks AZ. Thanks to Plissken on BP, here is the reason for the change in $$ from 600 to 10 plus :
Exhibit A) –
May 26, 2021 Letter
Re:WMI Liquidating Trust
Dear Ms. Griffin,
I write on behalf of the WMI Liquidating Trust (the “Trust”). Last week, you filed a complaint (“Complaint”) against the Trust (and others) in the United States District Court for the Southern District of New York, case number 21-cv-04554-GHW. The Trust demands that you withdraw the Complaint with prejudice by no later than Tuesday, June 1, 2021. If you do not withdraw the Complaint, with prejudice by that date, the Trust will seek the imposition of sanctions against you and the assessment of damages, including under Rule 11 of the Federal Rule of Civil Procedure11, Federal Rule of Bankruptcy Procedure 9011 and28 U.S.C. § 1927.
In its March 4, 2021 letter to you(attached as Exhibit A), the Trust advised that your then-proposed claims were plainly barred by res judicata and violated the injunctions and releases contained in the Plan and the Confirmation Order entered by the United States Bankruptcy Court for the District of Delaware. After you received our letter, the United States Court of Appeals for the Third Circuit denied your request for rehearing. The Third Circuit was the third court to reject your various claims against the Trust. Yet, in your Complaint, you seek to re-litigate in a different court the same claims that already have been resolved against you and that you are enjoined from bringing under the terms of the Plan. Indeed, you:
(i) seek relief based on your allegations that the Trust improperly resolved the Underwriters’ claims, including the allowance of the Underwriter’s 72M Claim in Class 19(see Complaint, First through Ninth Causes of Action);
(ii) seek to require the Trust to issue or distribute securities, or otherwise provide a requested distribution, to one or more classes of creditors and/or beneficiaries under the Plan, purportedly in conformity with the terms of the Plan(see Complaint, First, Second, Fourth, Fifth, and Seventh through Ninth Causes of Action);
(iii) seek relief precluded by (a) the Court’s approval of the Stipulation and allowance of the Underwriter’s 72M Claim in Class 19,(b) the Court’s determination that the Stipulation was a proper exercise of the liquidating trust’s obligations and not a breach of fiduciary duty, and (c) the Court’s approval of the closure of the bankruptcy case, the Trust’s final distribution and the Trust’s winding up and cancellation(see Complaint, Third, Fifth, Sixth and Ninth through Fourteenth Causes of Action);
(iv) seek relief precluded under the Plan and Confirmation Order (see Complaint, First through Fourteenth Causes of Action); and(v)seek relief that has been denied by each of the United States District Court for the District of Delaware and the Third Circuit (see Complaint, Fifteenth Cause of Action).
The Trust incorporates the discussion in its March 4 letter, as well as its March 5 email (attached as Exhibit B) regarding the same subject matters. Plainly, the Plan, Confirmation Order, and other court orders are law of the case, collateral estoppel andres judicata, and legal bars to your Complaint. As such, your Complaint is objectively vexatious, frivolous and sanctionable. See,e.g., Ex. A, p. 3; Napier v. Thirty or More Unidentified Fed. Agents. Emps. Or Officers, 855 F.2d 1080, 1091 (3d Cir. 1988) (claims legally frivolous when identical to ones already adjudicated on plaintiff’s behalf); In re Olick, 2012 WL 4239423 at *5 (3d Cir. Sept. 21, 2012) (“We see nothing amiss in the imposition of sanctions based on a violation of res judicata, nor in the procedure utilized by the Bankruptcy Court pursuant to Fed. R. Bank. P. 9011”);28 U.S.C. § 1927.
Accordingly, the Trust demands that you withdraw the Complaint with prejudice by no later than Tuesday, June 1, 2021. If you fail to do so, the Trust will seek sanctions and damages. Those damages will include all attorneys’ fees and costs incurred in connection with the Complaint and the Trust’s efforts to enjoin you from proceeding with the Complaint, including (but not limited to) any amounts that may be required to be paid to the Office of the United States Trustee in connection with any motions to reopen the bankruptcy case and enforce terms of the Plan and Confirmation Order.
Very truly yours, /s/ Marcos A. Ramos Marcos A. Ramos
