The FDIC and DOJ are defendants. That is why it was important to have the banks as advocates due to the time and expense. The DOJ and FDIC have unlimited time horizons.
The real issue is who is the successor to (DIME, WAMU, WMI) if mw took it away from us and gave it to JPMC, are they the responsible paty? I say yes!
And now the ball is in their court. If they fail to pursue, then another breach. If they pursue the case and collect, they have a case of conversion on their hands.
BUT: Then again, JPM is exempt from the laws of the land so this hypothetical extension is just mental masturbation.