If Plaintiffs are given a juicy Settlement Offer (ie: JPS Conversion to FNMA), I'm sure they would take it in a heartbeat.
Considering the DOJ has spent ~$100M (according to Josh Rosner) defending the NWS, it's safe to assume the Plaintiffs have spent close to that amount as well.
You know what they say about a Bird in the Hand and not looking a Gift Horse in the mouth ;-)