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Re: emailjanum post# 221433

Thursday, 07/15/2010 12:09:31 PM

Thursday, July 15, 2010 12:09:31 PM

Post# of 730026
It's all speculation at this point because we have no idea what went on in chambers or during the 07/12 meeting. Moreover, we have not seen any hostile or adversarial filings of substance since the hearing (which could be interpreted as a very good thing).

I am leaning towards the belief that the parties are seriously negotiating a settlement to get a new DS/POR filed and shield our adversaries from future civil/criminal liability while paying off equity. The imminent appointment of an examiner is almost a certainty - and while the results of his or her investigation are not guaranteed to fall in our favor, the likelihood that they would is very much on our side. Accordingly, there would have to be something of great significance being discussed to motivate Susman into delaying the hearing for the examiner - and I doubt it has anything to do with discovery as the examiner (and possibly even discovery) is already in the bag.

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