Thursday, July 07, 2011 8:39:59 AM
Could be a possibility, but i would assume that a depo could bring some extra data to light. Therefore i dont think TPS would be satisfied by the doc turnover.
The EC and TPS stated in court that the depo by TPS covers different topics than the depo undertaken by the EC. So again, i think its unlikely that they got what they wanted from the EC depo.
Rosen moved indeed to quash but why should TPS lay down arms? I dont see a way it could have harmed TPS if they tried and lost. TPS didnt even resprond to the debtors objection.
All i am trying to say is it is unusual for TPS to give in.
-------------------
Hearing transcript:
MR. ROSEN: Then we will do that, Your Honor, we’ll
16 move to quash the other, thank you.
17 MR. COFFEY: Your Honor, may I be heard? It’s Jeremy
18 Coffey with Brown Rudnick. We are counsel for certain of the
19 TPS holders, but I just want to make clear that the Arkin firms
20 represents some of our group for a purpose for which my firm is
21 not in a position to serve as a result of conflicts.
22 The document request and the 30(b)(6) notice that we
23 served on Monday are -- pertain to confirmation issues that
24 were raised in our confirmation objection which was timely
25 filed over five weeks ago. We’ve still not seen from the
1 debtors a list of witnesses they intend to call at
2 confirmation. We think it’s our right as a party to a
3 contested matter to be prepared to meet whatever evidence they
4 put on.
5 We have raised issue -- we have asked for witnesses on
6 issues that were raised in our objection that do not overlap
7 what the equity committee is going to do, at least our
8 understanding from the notice of what they’re going to do.
9 They pertain just to confirmation of this new -- or the plan
10 that we now understand is going forward, whereas, in the past
11 couple of weeks, there was some question as to whether or not
12 there would be this plan or another plan, we’re simply trying
13 to prepare for trial.
14 THE COURT: All right. They’ll file a motion, you’ll
15 respond, and I’ll decide it.
16 MR. COFFEY: We look forward to the opportunity.
17 Thank you, Your Honor.
18 THE COURT: All right. We’re done?
19 MR. ROSEN: Thank you, Your Honor.
20 THE COURT: We’ll stand adjourned.
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