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Monday, September 05, 2011 9:37:11 AM
Here is DIMEQ link with 9/12/2011 trial looming.
http://www.kccllc.net/documents/0812229/0812229110412000000000005.pdf
Interesting enough, was Starke’s court room drama with the Judge about DIMEQ “equitable mootness” and whether this Judge has authority to make a decision without “ring fencing” the funds in the event Walrath is overturned on appeal. Without a doubt, this Judge in her mindset wants to equitably moot TPS in the event she approves this POS POR 6+. This in of itself is troubling, because Starke drew her into very clear discussion on what she thought and it would seem to me she talked way too much. What was the point in her arguing with Starke if (1) she already had her mind made up, (2) if she was NOT going to approve POS POR 6+? Yes, it would seem if this Judge was NOT going to move this mess forward, why would she have entered into such discussion with Starke? The more I think about this discussion which I now feel VERY strongly about, it is/was case altering. The Judge argued with Starke to the point as if she already decided to approve the POS POR 6+. This would “equitably moot” out TPS and also been troubling for the court all along and somehow give Equity its own shot with the litigation trust fund after approval.
This Judge was very concerned with Starke as he said his appeal “freezes” this entire case or at least the Judge would have to “ring fence” the funds if she wanted to move this forward. To this point, remember what Rosie changed at the last minute with the POS POR 6+, if there is anything left in the plan it could flow to Equity and when some people on the board saw the plan was not cancelling Equity they got excited. I have not said much about this but I keep going back to the VERY argumentative discussion with this Judge who I think gave away information as to which way she is going with this mess. Take this thought process with the question she asked one of our opposing lawyers about “do you think the insider trading would prevent approval of this Global Settlement/POS POR 6+) and his response was absolutely not. The more I think and read about Walrath’s mindset, the more it appears she wants to approve this POR to equitably moot out TPS, let Equity go after insider trading via the litigation trust fund (very troubling if true) and ignore the Supreme Court (Stern) and ANICO decisions. Do you think that Walrath can approve this POS POR 6+ and give Equity their ONLY shot via the litigation trust fund?
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