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Re: fsshon post# 272230

Thursday, 01/20/2011 2:09:44 PM

Thursday, January 20, 2011 2:09:44 PM

Post# of 732302
Don -- Excellent post. I have a few areas where I feel the judge mesed up in addition to what you have posted. Using the numbers from your post:

3. She should have known better than to accept any kind of settlement without the asset list. She should have told Rosen as much on march 12, if not sooner. If she had, we would have been paid by now.

4. The EC had no choice but to ask for examiner when JMW didn't force Rosen , etc from stonewalling and not providing information to EC. How many hearings dealt with the issue of "they didn't hand it over --- yes we did"?

6. She thre out the examiner's report, but essentially used all the findings in her opinion. Again, her "opinion", instead of being some document she intended to last for the ages, should have simply said, I have no numbers, therefore I cannot honestly say anything is fair and reasonable.

From her plan for the EC:

2. If she is being honest, she must know that an appeal is harder than forcing Rosen to include the numbers. IMO she didn't do the EC any favors here. We may eventaully win on appeal, but again, IMO, if she ruled with "fairness and reasonableness" we would have money by now.

I must agree with the poster (sorry, can reference right now), who mentioned the stolen car for someone to use for work. Stolen is stolen. Give it back.

I agree that there is much none of us know about this case, but I find it hard to imagine the JMW making some game of Clue for the EC. If the numbers are there and Rosen is accurate, then I lose my investment. If he is covering up and the numbers are in our favor, then I will be rich. Again, one simple question -- Why hasn't she demanded the numbers?
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