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.