Think BIG picture here.
If you want to go nuclear, you'd best make sure you have the right coordinates.
If Susman marched in there to fight for an examiner, Rosebuds would have countered with "But we have an agreement and it's only been a day or two. It's going to take time to give it all to them."
Rosebuds figured he could delay the examiner motion long enough to get the DS through. However, Susman played his card... you push for the DS and we'll push for the examiner and tell the judge we have no choice. You're rushing the DS, while we're forced to trust you and to this point, you've given us no reason to trust you.
So now, Susman has negated Rosie's attempt at delaying the examiner and pushing the DS through.
On top of that we've now got a few weeks to see if the work product is A) Even given to us, B) Incomplete and worthless, or C) Usable for the formation of highly targeted discovery just like Walrath wants from us.
No matter what... we can't lose.
Then there's the little issue of the million page Senate investigation that JPM just mentioned to us. That was put together long before the EC existed. They didn't compile and sort 1 million pages AFTER Dec/January.
No one was expecting an EC at that point in time and certainly no one foresaw the possibility of those docs leaving friendly hands and landing in Susman's.
A million pages. How many 3rd party actions do you think are included in there? How many emails between JPM, the FDIC, the Fed, SEC, and others do you think are in there?
I don't think a settlement is going to happen any second, but I do know the only fight Rosen has left is less fight and more run, hide, delay, run, hide, and more delay.
Think big picture here. This is a war not a single battle. You don't want to risk losing BIG when a window for an all out knock down, drag out victory is looming.
Let's see what Weil gives us. Let see how we can use it to justify an examiner or use it to seek out highly specific, no brainer discovery docs that will showcase what we need.
In the meantime... lets find out a little more about that Senate investigation. Maybe contact some Senators and see what they can tell us about it. Something tells me everything we need to nail this thing down is going to come from that investigation.
We're just going to have to connect the dots that the Senate refused to look at... if it gets that far.
Hopefully, that investigation gives us what we need OR gives us enough justification to pursue specifics right from the source.
In the meantime, all we really need to do is show the judge that there's enough evidence out there that this "settlement" is a joke and move on from there.
I am hopeful, more than hopeful actually, that this is all very doable.
In the meantime I'm sure the MMs will play games and tank us hard. Rosen's DS was delayed all the same so one should negate the other. But something tells me they won't see it that way. :)
Keep your chins up and think about the war, not the battle. Don't let yourselves get so gung ho over all of this that you're willing to engage in a suicide mission rather than wait for the opportune time to do as much damage as possible with as few (if any) casualties as possible.
This is a game of finesse and strategy. It's not Fight Club.
