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concapk

07/31/21 11:45 AM

#348710 RE: concapk #348708

Marjac,


Is it not true that DEPOSITIONS, pre trial would give a clear direction of which way the trial would be based on .... and we will never see transcripts of those DEPOSITIONS.... by each party ???

marjac

07/31/21 1:53 PM

#348724 RE: concapk #348708

conapk,

Below is a Google Drive link with all 7 Volumes of the Trial Transcript:

https://drive.google.com/drive/folders/1uT5-vL52CA_-AqFAY1J6dibnyJ5PGADm?usp=sharing

For purposes of Rule 60, I am not as much concerned about what happened at the Trial, because whatever happened, Judge Du's Opinion sets forth the proverbial "rules of the game". Even on this Appeal, I have had a disagreement with our adversaries as to the contents of the Appendix.

My view is that because Judge Du's Opinion sets forth the rules of the game, the only relevant documents for the Appendix consists of the Rule 60/Rule 24 motion record. Our adversaries want to include the whole record. We have reached a compromise where I filed a pending joint Motion with the Court, to allow us to rely on the previous appeal Appendix, so that our Appendix on this Appeal starts with Volume IV, page 111,612.

In terms of issues of attorney malpractice or management breach, they both have legal duties to be aware of, and cover every conceivable angle in such momentous "bet the company" litigation.