Speeding up the DCO situation
"Curious to see how mosh's legal team responds to the newest 37132704 document, especially to the accusation that plaintiffs delayed/waited to collect the seismic data from october 2007 till mid march."
If the defendants are so concerned about the waiting and delay, they could have delivered the seismic data any time. The defendants said that they would deliver in May of 2005 with the Rule 11 agreement. They used the data for their own ends in the hearings last July, and never delivered it to the Plaintiffs. The Plaintiffs asked and that was the basis for the entire re-opening of discovery that was granted in what February. I think that there is the one of the world's largest game of chicken going on - MOSH asking for the data and PXD not delivering the data. It grows even larger with the fact that MOSH essentially paid for the data that PXD was holding. The Trust indentures state that what ever data is available the Trust unitholders are able to see if they sign a non disclosure agreement, which I think is what Rule 11 also contains. So the foot dragging is on PXD. Should they have gone out and paid for the data all over again? So far the trust has paid for JPM's legal defense, and PXD has apparently used all the UD61 and BA39 trust income for their defense legal bills. MOSH has paid their own, as the agreement with JPM in essentially my mind of getting standing. So PXD has never apparently delivered the data, and is now apparently saying that they are the good guys because the Plaintiffs now have the data.
I also think that the Plaintiffs wanted to ensure that they had sufficient time to analyze the data and then sufficient follow up opportunities for what ever additional discovery may be needed based on what the data showed - all things that PXD would like to cut off.
So to me it appears that PXD is complaining to the Judge that the Plaintiffs are not playing fair. If PXD was really interested in a speedy trial, all of this could have been over and done with a year ago. So that is just my reading and view of the filings - nothing more - nothing less.
On the topic of the Judge's election - my view, is the sooner the better. We know that it certainly appears that the current Judge is playing very fair, ensuring that MOSH gets a level playing field in court. Have no idea as to how a new Judge would view any of this. Plus, it would take additional time for a new Judge to get up to speed. How about all of the past history that has transpired up to now? We know that the current Judge has been somewhat unsympathetic with PXD's positions. Its a David vs Goliath battle here. I would like to get this done with the current Judge, as soon as possible, - given that the Trust has all the data and information to be as fully prepared as possible.
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... just my thoughts
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