Discovery was thrown into the backseat after the volley session between Walrath and Rosen in the last hearing when the court realized that WMI would do anything and everything to obstruct a reasonable investigation (via discovery) by the EC. Discovery would lead to Motions for Protective Orders (as filed by JPM and threatened by the FDIC) and more consumption of the estate's resources and the court's time. An examiner would be the most efficient solution as it would lead to an unobstructed investigation of everything - or at least the scope of things set forth by the court.
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