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
