How in the world would a company make a 3 million payment without the terms already settled???? That is the dumbest excuse I have heard in some time. "Here's 3 million, just let us know what, when and how it is to be used at a later date." That is also ludicrous.
Hoff re; litigation strategy—-would you think the time period between litigants final and submitted MTD arguments, and MTD decision, is a settlement window? It seems to me it would be but having MAA in hand can be the most important factor affecting settlement timing and $$.