And I would further add, Your Honor, that the FDIC
15 itself in its counter claims against us has asserted that the
16 bank made distributions up to the parent company at a time when
17 it was insolvent. They themselves have alleged insolvency for
18 the purposes of their claims. Maybe they are going to move the
19 other direction on that at some point. Maybe they are moving
20 the other direction on that now, I don't know.
21 But we've done everything that we possibly could to give
22 the FDIC fair notice of all of our claims, to preserve them to
23 the greatest extent possible and allow the litigation to move
24 forward to the extent that we need to in this court. It wasn't
25 our preference to run to this court in seeking broad relief on
41
1 a lot of these claims. We had statutory deadlines that we had
2 to do.
3 I think our preference would have been to see the
4 process of the Bankruptcy Court play out further, but we're
5 here because we had to be here and that's the way things work.
6 The short answer is we have alleged everything that we possibly
7 could allege based on Rule 11 inquiry to the greatest degree
8 possible and to do more is just going to require much more
9 analysis and time and discovery and everything else.
10 I would just suggest, Your Honor, if the Court has
11 concerns about the degree of, you know, factual specificity in
12 the pleading that we should be granted leave to replead under
13 these circumstance or at some point in time when we're further
14 along in the process provide more definitive statement of our
15 specific allegations regarding solvency and insolvency.
16
17
THE COURT: Okay, thank you.
MR. STROCHAK: Thank you, Your Honor.
18 I don't think that I have anything else unless Your
19 Honor has questions?
Collyer questioning Strochak WGM...
I'm getting ready for DC,, BK here has to be stayed in light of Stern/ANICO
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