Sunday, November 20, 2016 8:18:56 AM
Judge Strom strikes me as a pragmatic guy - could he ask all parties involved (including the DTC) to submit transaction documents and policy procedures to delineate as to what should have happened and what actually did? It's difficult to make a ruling on a motion to dismiss if it's not clear what 'should' have happened in the system. Then again, perhaps the judge has most or all of that information in hand already given the highly confidential data filed under seal. I assume he could use that information in an effort to reach a decision.
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