Fairholme and Berkley filed a motion today telling Judge Lamberth Berkley has opted out of the class and Fairholme has decided it’ll be a member of the class.  With that in mind, Fairholme proposes to sit on the sidelines while the class and Berkley proceed to a jury trial in July.  FHFA can’t decide if it likes or dislikes this proposal.  A copy of the filing is attached to this e-mail message. 

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