I believe it is because had Rosen actually made the statement on record in court that equity would not be included in the agreement/settlement it would have opened the door for the EC to intervene....therefore he was careful not to say anything regarding equity. It was a stall tactic because eventually he will submit the agreement over to our judge and then when she sees that equity is not included she will grant the motion to intervene. I would like to see JMW approve the EC motion to intervene sooner but she may be waiting to have the agreement in hand and on record.