The only reason they will fight this losing battle is the staggering amount of money at stake plus not only interest but damages which include like you mentioned the money lost from the time this agreement was put in place. If they win the summary judgement, which I strongly believe they will, there will need to be a date set for damages and how much A/S will have to compensate Fund.
I wonder where we stand on the motion to compel. I didn't see a ruling from the May 7th pre trial. I'm assuming that the judge will rule on this sometime soon or there will be another court date for the ruling on this motion.
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