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Friday, September 16, 2011 6:05:57 AM
She could have just authorized the EC to just go ahead and do full blown discovery against all four and start preparing for a trial of the IT issue, but that would be the longer road to nirvana. Instead of taking the longer road, she is giving the shorter road a chance. She pushed them into mediation, while putting quite a few shots across the bows of the hedgies indicating that if this mediation fails she will authorize full blown discovery against all four and prepare for trial with a clear - in my mind - indication that she is leaning toward disallowing their claims entire if it comes to that.
BTW, I don't think she is scared to rule against the hedgies or anyone else. Quite the contrary, I think she is actually threatening them to come to terms with the EC or face the wrath of Walrath.
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