...they voluntarily dismissed the WMI or DC Action claim prior to (1) service of the defendant of an answer, (2) or prior to a motion for summary judgment?
...they did not.
...the DC Action dismissal was prejudiced to execution of the settlement claims to be completed per the Global Settlement Agreement on the Effective Date.
...so, unless one of the parties in interest believes that they were not treated appropriately upon execution of the terms of the Global Settlement Agreement (note, it has been over 3-years, nothing mentioned anywhere by anyone), that action is over.
...back to regarding former equity shareholders (versus the debtor) of the bankrupt parent Washington Mutual, Inc. asserting a claim, they have no existing 'standing in the above referenced case discussion. There was an attempt by Jberg, however, that did not materialize.
...so, until a former equity shareholder actions a litigation and is granted standing, there simply is nothing but straws of discussion and speculation.
...for those that believe otherwise on any issue, a simple contact with Susman's firm, the WMILT or other informed parties would dispel the rampant assertions (such as attempting to require the FDIC-R to account for $165B in MBS securities owned by the security holders in the Deutsche Bank Trusts "that the FDIC-R doesn't own" simply doesn't hold water with a single attorney in any court in any jurisdiction) that are out there.
...some might state that 'they won't talk to them, but I have not had any issues in contacting any party in a genuine, professional and respectful demeanor; whether by phone, email or written correspondence.
...I believe that your presentation is genuine, professional and respectful and you should give it a shot.
...this direct approach is what Nate Thoma actually did in 2010-2011; he would actually call Rosen (and Rosen would take his call) and ask questions, get responses and discuss them.
...Rosen is a billing machine, I suggest that you use Nate's approach and directly contact him and go over the list of items you believe are important.
REFILING AFTER A VOLUNTARY DISMISSAL BE COGNIZANT OF THE DISTINCTION BETWEEN FEDERAL AND STATE REFILING DEADLINES
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiffmay voluntarily dismiss his or her claim “without prejudice”prior toservice by the defendant of an answerormotion for summary judgment, whichever occurs first. This generally means that the plaintiff can dismiss the claim and retain the ability to refile the same claim within the statute of limitations.