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Tuesday, August 25, 2009 3:27:18 PM
You make a very good point in reminding us that the holding company's lawyers are asking that the district court action against the FDIC be stayed pending resolution of the adversary proceeding -- the two cases are mutually exclusive and there really is no reason to delay one while the other continues unless settlement is on the table.
I also agree that we are very close to a settlement -- JPM's "hail mary" attempt to have its appeal heard in the Delaware District Court was the last procedural delay tactic in its now-depleted arsenal. I suspect this is the reason the parties have agreed to discovery on a "rolling basis" over the next few weeks -- JPM will settle before a single document is turned over and as you said, "the denial of the motion for leave to appeal will be the straw that breaks JPM's back."
We'll all be celebrating over drinks at the Bellagio soon enough. Good luck to all and go WAMU!
MAKINGMOVES
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