It would be foolish for the EC to continue with their request for a shareholder meeting...at this time.
The judge did say that she would take the examiner report into consideration when ruling on the shareholder meeting. She said if the examiner finds there is no hope for the FC claims and the other litigation claims, then that would weight heavily on her opinion, suggesting that there would be no need to hold a shareholder meeting based on "those" claims.
Remember, the EC "probably" pushed for the Examiner because they were getting stonewalled in their discovery requests. The judge said in a previous hearing, "why don't I just appoint an Examiner and direct him to see all documents?"(paraphrased).
The Examiner, clearly, did not gain full access to requested discovery(as stated by the Examiner in the report specifically about FDIC), so now Susman has the opportunity to attack the Examiner Report and continue previous requests for discovery.
The previous requests for further discovery are scheduled for the next hearing. Susman will see if those motions are approved next week. Susman will also gain insight into what the judge thinks about the Examiner Report.
News 
Market Data 
Discover 
AI
