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Re: thepennyguy post# 224710

Wednesday, 07/21/2010 10:56:24 PM

Wednesday, July 21, 2010 10:56:24 PM

Post# of 729976
The discovery under Rule 2004 was fallback to the EC's original motion for the appointment of an examiner and it was only granted because Judge Walrath felt the parties would comply with discovery and the litigation process - thus eliminating the need for a full-fledged examination. She was wrong. WMI proved itself before the judge to be a hostile adversary to the EC - with interests in line with the FDIC and JPM for the quick and expeditious approval of its DS/POR. In a situation like this, where a party (even a party with common interests, like WMI) clearly abuses the discovery process, the requesting party can move for sanctions.

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