I'll be the first to admit that my memory is often not what it was...but I was in the entire hearing and both in my memory and in my notes, the Judge agreed to the DS going out now under the proviso that no changes were to be made to reflect the examiner's report. First of all, the DS and the ballots will be mailed prior to the report being made public and second, BR was prohibited from even including a letter that referenced the examiner.
Again, i know that during a hearing there is a lot going on, so perhaps I misheard or misunderstood...
Ilene