Case MFW Doc Filed 01/19/18 Page 1 of 6

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1 Case MFW Doc Filed 01/19/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Chapter 11 WASHINGTON MUTUAL, INC., et al., 1 Case No (MFW) (Jointly Administered) Debtors. WMI LIQUIDATING TRUST Plaintiff, v. ANTHONY BOZZUTI, Adversary Proc. No (MFW) CHANDAN SHARMA, Adversary Proc. No (MFW) EDWARD F. BACH, Adversary Proc. No (MFW) HENRY J. BERENS, Adversary Proc. No (MFW) JOHN M. BROWNING, Adversary Proc. No (MFW) KEITH O. FUKUI, Adversary Proc. No (MFW) MARC MALONE, Adversary Proc. No (MFW) MICHAEL R. ZARRO, Adversary Proc. No (MFW) RACHEL M. MILEUR a/k/a Adversary Proc. No (MFW) RACHELLE M. MILEUR, THOMAS E. MORGAN, Adversary Proc. No (MFW) ANN TIERNEY Adversary Proc. No (MFW) 1 The Debtors in these chapter 11 cases along with the last four digits of each Debtor s federal tax identification number are (i) Washington Mutual, Inc. (3725); and (ii) WMI Investment Corp. (5395). The principal offices of WMILT, as defined herein, are located at 1201 Third Avenue, Suite 3000 Seattle, Washington

2 Case MFW Doc Filed 01/19/18 Page 2 of 6 TODD H. BAKER Adversary Proc. No (MFW) GENNADIY DARAKHOVSKIY Adversary Proc. No (MFW) ROBERT BJORKLUND, DARYL DAVID, Adversary Proc. No (MFW) DEBORA HORVATH, JEFFREY JONES, JOHN MCMURRAY, CASEY NAULT, MICHAEL REYNOLDSON, DAVID SCHNEIDER, BRUCE ALAN WEBER, AND JEFFREY WEINSTEIN, Defendants. CERTIFICATION OF COUNSEL REGARDING TENTH JOINT ORDER FURTHER AMENDING SCHEDULING ORDERS WITH RESPECT TO EMPLOYEE CLAIMS HEARING AND ADVERSARY PROCEEDINGS The undersigned certifies as follows 1. On October 15, 2012, the Court entered the Agreed Order Establishing Procedures and Deadlines Concerning Hearing on Employee Claims and Discovery in Connection Therewith [D.I ] (the Employee Claims Scheduling Order ), with respect to, among other things, the conduct of discovery in connection with a hearing on the Employee Claims (as defined therein) filed by certain former employees of WMI or WMB, as the case may be (the Claimants ). 2. On November 13, 2012, the Court entered the Scheduling Order with respect to the above-captioned adversary proceedings (the Adversary Proceeding Scheduling Order ). 3. On January 8, 2013, the Court entered the Agreed Order Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings dated January 8, 2013 [D.I. No ] (the First Amended Scheduling Order ). 2

3 Case MFW Doc Filed 01/19/18 Page 3 of 6 4. On September 24, 2013, the Court entered the Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings [D.I. 1400] (the Second Amended Scheduling Order ). 5. On May 27, 2014, the Court entered the Second Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings [D.I ] (the Third Amended Scheduling Order ). 6. On September 22, 2014, the Court entered the Third Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings [D.I ] (the Fourth Amended Scheduling Order ). 7. On January 6, 2015, the Court entered the Fourth Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings [D.I ] (the Fifth Amended Scheduling Order ). 8. On July 2, 2015, the Court entered the Fifth Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings [D.I ] (the Sixth Amended Scheduling Order ). 9. On January 27, 2016, the Court entered the Sixth Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings [D.I ] (the Seventh Amended Scheduling Order ). 10. On July 15, 2016, the Court entered the Seventh Joint Order Further Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated July 15, 2016 [D.I ] (the Eighth Amended Scheduling Order ). 11. On January 18, 2017, the Court entered the Eighth Joint Order Further Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated 3

4 Case MFW Doc Filed 01/19/18 Page 4 of 6 January 18, 2017 [D.I ] (the Ninth Amended Scheduling Order ). 12. On August 3, 2017, the Court entered the Ninth Joint Order Further Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated August 3, 2017 [D.I ] (the Tenth Amended Scheduling Order and, together with the Employee Claims Scheduling Order, the Adversary Proceeding Scheduling Order, the First Amended Scheduling Order, the Second Amended Scheduling Order, the Third Amended Scheduling Order, the Fourth Amended Scheduling Order, the Fifth Amended Scheduling Order, the Sixth Amended Scheduling Order, the Seventh Amended Scheduling Order, the Eighth Amended Scheduling Order, and the Ninth Amended Scheduling Order, the Scheduling Orders ). 13. WMI Liquidating Trust ( WMILT ), the Claimants, and the above-captioned adversary proceeding defendants (the Defendants and, together with the Claimants and WMILT, the Parties ) had been engaging in discovery as contemplated by the Scheduling Orders. 14. On January 11, 2018, counsel for WMILT ed certain counsel for the Claimants and Defendants (collectively, the Agreeing Parties 2 ) regarding adjourning the deadlines and dates provided for by the Scheduling Orders for a period of six (6) months and distributed a revised draft amended scheduling order with respect to certain discovery dates and deadlines relating to the Employee Claims litigation (the Joint Proposed Scheduling Order ). Counsel for WMILT requested that comments, if any, be submitted to WMILT by 1200 PM 2 Specifically, the Agreeing Parties include WMILT and Claimants represented by Michael Busenkell, Esq. of the firm Gellert Scali Busenkell & Brown, LLC, Michael Joyce Esq. of the firm O Kelly & Ernst, LLC, Michael J. Bennet, Esq. of the firm Lichtsinn & Haensel, S.C., Stephan E. Kyle, Esq. of the firm Kyle Law Corporation, Robyn Sokol, Esq. of the firm Ezra Brutzkus Gubner LLP, Lauren Schwimmer, Esq. of the firm Weir & Partners LLP, and Thomas M. Pinney, Esq. of the firm White and Williams LLP. 4

5 Case MFW Doc Filed 01/19/18 Page 5 of 6 EST on January 18, WMILT has received no substantive comments to the Joint Proposed Scheduling Order. A copy of the Joint Proposed Scheduling Order is annexed hereto as Exhibit A. WHEREFORE WMILT respectfully requests that the Court enter the Joint Proposed Scheduling Order, which is attached hereto as Exhibit A. Dated January 19, 2018 Wilmington, Delaware /s Amanda R. Steele Mark D. Collins (No. 2981) Paul N. Heath (No. 3704) Amanda R. Steele (No. 5530) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware Telephone (302) Facsimile (302) and Brian S. Rosen PROSKAUER ROSE LLP Eleven Times Square New York, New York Telephone (212) Facsimile (212) and John P. Mastando III, Esq. Erin M. James, Esq. WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York Telephone (212) Facsimile (212)

6 Case MFW Doc Filed 01/19/18 Page 6 of 6 and Robert A. Johnson, Esq. AKIN GUMP STRAUSS HAUER & FELD LLP One Bryant Park New York, New York Telephone (212) Attorneys for WMI Liquidating Trust 6

7 Case MFW Doc Filed 01/19/18 Page 1 of 7 EXHIBIT A

8 Case MFW Doc Filed 01/19/18 Page 2 of 7 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Chapter 11 WASHINGTON MUTUAL, INC., et al., 1 Case No (MFW) (Jointly Administered) Debtors. WMI LIQUIDATING TRUST Plaintiff, v. ANTHONY BOZZUTI, Adversary Proc. No (MFW) CHANDAN SHARMA, Adversary Proc. No (MFW) EDWARD F. BACH, Adversary Proc. No (MFW) HENRY J. BERENS, Adversary Proc. No (MFW) JOHN M. BROWNING, Adversary Proc. No (MFW) KEITH O. FUKUI, Adversary Proc. No (MFW) MARC MALONE, Adversary Proc. No (MFW) MICHAEL R. ZARRO, Adversary Proc. No (MFW) RACHEL M. MILEUR a/k/a Adversary Proc. No (MFW) RACHELLE M. MILEUR, THOMAS E. MORGAN, Adversary Proc. No (MFW) 1 The Debtors in these chapter 11 cases along with the last four digits of each Debtor s federal tax identification number are (i) Washington Mutual, Inc. (3725); and (ii) WMI Investment Corp. (5395). The principal offices of WMILT, as defined herein, are located at 1201 Third Avenue, Suite 3000 Seattle, Washington

9 Case MFW Doc Filed 01/19/18 Page 3 of 7 ANN TIERNEY Adversary Proc. No (MFW) TODD H. BAKER Adversary Proc. No (MFW) GENNADIY DARAKHOVSKIY Adversary Proc. No (MFW) ROBERT BJORKLUND, DARYL DAVID, Adversary Proc. No (MFW) DEBORA HORVATH, JEFFREY JONES, JOHN MCMURRAY, CASEY NAULT, MICHAEL REYNOLDSON, DAVID SCHNEIDER, BRUCE ALAN WEBER, AND JEFFREY WEINSTEIN Defendants. TENTH JOINT ORDER FURTHER AMENDING SCHEDULING ORDERS WITH RESPECT TO EMPLOYEE CLAIMS HEARING AND ADVERSARY PROCEEDINGS The Court having entered (a) the Agreed Order Establishing Procedures and Deadlines Concerning Hearing on Employee Claims and Discovery in Connection Therewith, dated October 15, 2012 [D.I ] (the Employee Claims Scheduling Order ), with respect to, among other things, the conduct of discovery in connection with the hearing on the claims of the claimants subject to the Employee Claims Scheduling Order (the Claimants; and the Claimants together with WMI Liquidating Trust WMILT and Defendants (as defined below), the Parties ), (b) the Scheduling Order, dated November 13, 2012, with respect to the abovecaptioned adversary proceedings (the Adversary Proceeding Scheduling Order ), (c) the Agreed Order Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated January 8, 2013 [D.I. No ] (the First Amended Scheduling Order ), (d) the Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings, dated September 24, 2013 [D.I. 1400] (the Second Amended Scheduling Order ); (e) the Second Joint Order Further Amending Scheduling Orders 2

10 Case MFW Doc Filed 01/19/18 Page 4 of 7 with Respect to Employee Claims Hearing and Adversary Proceedings, dated May 27, 2014 [D.I ] (the Third Amended Scheduling Order ); (f) the Third Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings, dated Sept. 22, 2014 [D.I ] (the Fourth Amended Scheduling Order ); (g) the Fourth Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings, dated Jan. 6, 2015 [D.I ] (the Fifth Amended Scheduling Order ); (h) the Fifth Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings, dated July 2, 2015 [D.I ] (the Sixth Amended Scheduling Order ); (i) the Sixth Joint Order Further Amending Scheduling Orders with Respect to Employee Claims Hearing and Adversary Proceedings, dated January 27, 2016 [D.I ] (the Seventh Amended Scheduling Order ); (j) the Seventh Joint Order Further Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated July 15, 2016 [D.I ] (the Eighth Amended Scheduling Order ); (k) the Eighth Joint Order Further Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated January 18, 2017 [D.I ] (the Ninth Amended Scheduling Order ); (l) the Ninth Joint Order Further Amending Scheduling Orders With Respect to Employee Claims Hearing and Adversary Proceedings, dated August 3, 2017 [D.I ] (the Tenth Amended Scheduling Order ; and, together with the Employee Claims Scheduling Order, the Adversary Proceeding Scheduling Order, the First Amended Scheduling Order, the Second Amended Scheduling Order, the Third Amended Scheduling Order, the Fourth Amended Scheduling Order, the Fifth Amended Scheduling Order, the Sixth Amended Scheduling Order, the Seventh Amended Scheduling Order, the Eighth Amended Scheduling Order, and the Ninth Amended Scheduling Order, the Scheduling Orders ); and counsel for 3

11 Case MFW Doc Filed 01/19/18 Page 5 of 7 WMILT, counsel for certain Claimants and certain counsel for the above-captioned adversary proceeding defendants (the Defendants, collectively, the Agreeing Parties 2 ) having met and conferred for the purpose of amending the deadlines provided for by the Scheduling Orders; and the Agreeing Parties having agreed to modify the deadlines and dates provided for by the Scheduling Orders; and after due deliberation, it is ORDERED that the Parties shall complete any efforts to meet and confer regarding any prior productions and produce any additional documents resulting therefrom no later than July 17, 2018; and it is further ORDERED that all outstanding, previously filed Notices of Deposition are adjourned until such time as specified in Amended Notices of Deposition to be served no later than July 24, 2018; and it is further ORDERED that the Parties may serve any additional Notices of Deposition, as described in paragraph 8 of the Employee Claims Scheduling Order, on or before July 24, 2018; and it is further ORDERED that the Parties shall complete all non-expert depositions no later than November 7, 2018; and it is further ORDERED that the Parties shall serve expert reports, 3 if any, on all Parties no later than November 14, 2018; and it is further 2 Specifically, the Agreeing Parties include WMILT and Claimants represented by Michael Busenkell, Esq. of the firm Gellert Scali Busenkell & Brown, LLC, Michael Joyce Esq. of the firm O Kelly & Ernst, LLC, Michael J. Bennet, Esq. of the firm Lichtsinn & Haensel, S.C., Stephan E. Kyle, Esq. of the firm Kyle Law Corporation, Robyn Sokol, Esq. of the firm Ezra Brutzkus Gubner LLP, Lauren Schwimmer, Esq. of the firm Weir & Partners LLP, and Thomas M. Pinney, Esq. of the firm White and Williams LLP. 3 Notwithstanding the deadlines relating to expert witnesses, nothing in this scheduling order is intended to prevent the Parties from stipulating that no Party shall call any expert witness or otherwise use expert witness testimony at the Hearing. 4

12 Case MFW Doc Filed 01/19/18 Page 6 of 7 ORDERED that the Parties shall serve Notices of Deposition for any expert witness no later than November 21, 2018; and it is further ORDERED that the Parties shall complete all expert depositions no later than December 12, 2018; and it is further ORDERED that the Parties shall serve on all Parties a list of witnesses whom they intend to call to testify at the Hearing no later than December 19, 2018; and it is further ORDERED that any Party may depose any intended Hearing witness, who was identified by a Party pursuant to the preceding paragraph, if that witness was not previously deposed in connection with the Employee Claims Litigation, and any such deposition shall occur no later than January 18, 2019; and it is further ORDERED that the Parties shall file a list of intended Hearing exhibits no later than January 22, 2019; and any objection to any intended Hearing exhibit shall be filed no later than January 29, 2019; 4 and it is further ORDERED that the pre-hearing briefs, 5 if any, described in paragraph 12 of the Employee Claims Scheduling Order shall be filed no later than fourteen (14) days prior to the Hearing, or as so ordered by the Court; and it is further ORDERED that the pre-hearing conference described in paragraph 13 of the Employee Claims Scheduling Order shall be held on a date to be agreed upon by the Parties and the Court, but in no event shall such date be less than seven (7) days prior to the Hearing; and it is further ORDERED that the Hearing, as described in paragraphs 15 and 16 of the Claims Scheduling Order, shall be held on February, 2019; and it is further 4 Pursuant to paragraph 13 of the Employee Claims Scheduling Order, the Court shall discuss the pre-admission of any intended Hearing exhibit at the Pre-Hearing Conference. 5 Nothing contained herein shall constitute a waiver of any of the Parties rights to file a motion for summary judgment prior to the filing of pre-hearing briefs and such rights are expressly reserved hereunder. 5

13 Case MFW Doc Filed 01/19/18 Page 7 of 7 ORDERED that the post-trial memorandum described in paragraph 14 of the Employee Claims Scheduling Order shall remain due within fourteen (14) days after the Hearing; and it is further ORDERED that, notwithstanding anything to the contrary in the Scheduling Orders, the deadlines in the Scheduling Orders, as modified herein, other than for (i) filing a pre-hearing brief, (ii) the Hearing, and (iii) filing a post-trial memorandum, may be further modified by agreement of the Parties without an order of the Court; and it is further ORDERED that, except as amended herein or by further Order of the Court, the Scheduling Orders shall remain in full force and effect; and it is further ORDERED that the Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, or enforcement of this Order. Dated Wilmington, Delaware THE HONORABLE MARY F. WALRATH UNITED STATES BANKRUPTCY JUDGE 6