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Sly, exactly right! He not only didn't present a cogent argument, IMHO, but the fact that he kept repeating himself reminded me of a little kid who believes if he asks enough times he'll get what he wants...
The FDIC has a higher obligation, in my mind, since they are supposed to protect the public. Their assertion that the EC should have to rights to discovery from them...but rather get the documents through the debtor...how many times was it said that they had numerous telephone conversations...email conversations...who says the debtors got the docs to begin with? preposterous to me that the FDIC can take this position!
Lebo and Strike may correct me...but I thought we were quite the team! Strike spoke to Nelson a couple of times, Lebo was twittering, both Strike and I spoke to Peg Brickley...and throughout it all, the five of us were sitting in the front row, glowering at the Rosen team :)
Voodoo...you were in our thoughts and I look forward to meeting you, for sure!
Ilene
you are correct! he absolutely needed to confer to figure out how to deal with what he saw as a very real, possible derailment of his case. The case law that his team trotted regarding overturning THJMW's previous ruling on the examiner...and getting serious about stopping the momentum that Nelson had...unfortunately, it worked. But, it also allowed the judge to research case law, making her do an end run around reversal of the examiner ruling...but at least it can't be overturned.
OK. Hi all, I am first back from the hearing since I live so close...I know that both Lebo and Strike will have much more to add once they get to a computer.
First, the atmosphere in the courtroom was high tension today. It was clear that there were some potential watershed moments. Nelson did a masterful job of asserting our case in terms of lack of cooperation from the debtors. Unfortunately, one the judge ruled previously on the examiner, and it was appealed, she clearly did not feel that she had authority to reverse it today. The certification for appeal was a win for us and I think I saw someone else here say that she will use the next two weeks to look at case law and if she sees how she can reverse the decision on her own, I believe she will.
Rosen looked less sure of himself today, and in fact, at the recess we all commented on how his side was not looking good, while Nelson and the other attorneys on that side were pleased at the reaming she gave to Rosen et al for non cooperation and their ridiculous plan for discovery.
I don't know case law, but I am certain she sees through Rosen's and the FDIC's antics.
It was a long day, 10:40 to almost 2, with one short recess. Lots of parties heard from. At one point, I walked out to take a call from my son and ended up speaking with the attorney for the Texas case, and he and I both agreed that Rosen's behavior is egregious and that he lies blatantly. I can only hope that the judge calls him out on it at some point. I was frustrated with her chiding, as opposed to ruling re discovery, but the ability to appeal the examiner will compel the parties, hopefully, to be more forthcoming. I certainly don't she her putting up with this much longer.
On a personal note, it was terrific to put faces to the posters here, and I enjoyed meeting both Lebo and his gf and Stike and his.
Ilene
Karaoke,
Got it.
Ilene
You got it.
Ilene
you got it! I think Strike is texting, but I will certainly watch Rosen's demeanor and report on it.
Ilene
it starts at 10:30 eastern, and in the Ibox there are links to FF
:)
There will be at least four of us from the board there and if nothing else, we'll represent all of us...emotion and all, in the courtroom. Strike you're texting the facial/non verbal back to the board?
Ilene
:)
thank you kind sir, I think I prefer talking to Susman..but I will take one for the team!!
I'll plan on getting there a little before 9 or so. See you both there!
Lebo, no PM capability. Strike, do you still have it? I don't think I can post it here. Lebo, if you contact me at my yahoo address I will send it to you. Also, there is a BrewHaha coffee shop just up from the court on Market St. that I will be at tomorrow morning...Strike and I have already talked about meeting up there if we are early. Sig is my pic so you will recognize me! See you in the morning...drive safely!
Ilene
thanks, but this has been not only a tremendous learning experience on bankruptcy, but so very great to connect with people all over the world. honestly, I should thank everyone for the opportunity to serve in a way that is tangible and hopefully meaningful.
Ilene
Strike,
If my judge friend is at coffee tomorrow, I'll ask what the protocol is.
Ilene
You are most welcome :) I used to live in New Mexico (albequerque and santa fe) such a very cool state!!
Looking forward to meeting you...and everyone else...in Vegas.
Ilene
Hear, hear!! Lovely sentiments, heartfelt, well said...agree with you 100%
Ilene
You have never wavered Diamond! Thank you.
Ilene
you'd better behave yourself!
Ilene
uz...I know! it made me smile :)
Ilene
wamu...you are being very generous tonight! thank you for your contributions here :)
Ilene
I did not go; I believe that it was a closed hearing. But, there are three of us going on the 3rd, and we will report from court and immediately thereafter.
Enjoy your holiday!
Ilene
R--
Much appreciated, and the same back to you.
Ilene
Thanks to the veterans and all who serve in the military...I appreciate your willingness to help keep us all free.
Ilene
Karaoke,
Please email lenikosa@yahoo.com
Emails to the address you sent keep getting returned!
Ilene
now you're making me blush :) thank you kind men of the Wamuq board!
Thanks, Charlien! I know there are three of us from here and Strike is organizing us...send them to my yahoo, if you still have, and we will coordinate.
Ilene
I can't speak for Strike, but I am so intent on listening while at the proceedings, that I would not be a good texter there...happy to head to the coffee shop immediately thereafter and write a report...or call one in, but I am not talented enough personally to text and listen at the same time :)
Neither Strike or I tweet...
:)
Having spoken with Strike on several occasions...he's seriously a good guy.
pretty sure we're all kidding, but nontheless, we will take our jobs seriously and report back in a timely manner!
I agree with you. It's almost the noteholders are playing both sides off the middle...whichever pays them first is what they want. I don't see it happening..but, I've been wrong before :(
Wow Fish, that would truly make for a memorable holiday weekend!
that sounds good :)
I told Strike that I was going in pick to give homage to BR...I guess you guys don't want to do that LOL
abig...
:)
oh, I can already tell that June 3 is going to be an interesting day...perhaps I should clear my calendar for the whole day, just in case.
Lebo...I understand completely...
VC...no pm ability...yes, I delivered a letter today for one of european shareholders, and will do it again, if necessary. and yes :)
Ilene
really? should I? OK. I will do that...Strike, you listening...but if we get hauled off due to outrageous behavior, I just want to know that someone will post bail :)
are you going to embarrass me in court?? I might have to stay "hidden" again :)