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Re: None

Sunday, 11/06/2011 1:40:20 PM

Sunday, November 06, 2011 1:40:20 PM

Post# of 735716
I spoke with my attorney friend about mediation. Unlike Chiron, I am not ruling out the substantial possibility that we have a settlement in hand and are ready to announce it tomorrow.

Consider:

1) Most mediations (according to my friend) take no longer than a couple of days. Yes, this case is complex, so of course it is taking/has taken longer than the average mediation.

2) As clawmann pointed out, settlement offers have been exchanged in the past. We had one before, before one of the parties "retraded" on it (according to Folse).

3) The HF's do not want full discovery on this.

Let's face it - while we all agree that the HF's engaged in IT, the reality is there is a CHANCE that we would lose at trial. Yes, as long as humans (judges and juries) are involved, there's always a chance. The attorney for the HF's should be telling the same to their clients. The settlement we eventually see will reflect that.

Perhaps the reason Folse is on vacation is because his job is done and all that's left is to announce settlement terms tomorrow...

Possible?

Jack

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