Fish,
I have really have no idea what this judge will do, but if she does rule positively for 2004 discovery, I'm guessing it will be limited. That won't matter, however. The Feds will get Tepper's jewels in a vice grip and he will hand over whatever carcass he has to in order to save his own silly skin. Will it be Weil? Alvarez? Someone will go down with him. So the judge can't protect anyone.
I'm not so sure she'll certify the appeal. I think she'll stall. It would be her best option. If she can kill this plan by allowing Susman to sabotage the Note Holders...the appeal becomes legally "moot".
As far as the Hoffman situation goes, I don't think she has much of a choice. Her entire reason for keeping that doc sealed was privilege. Brown destroyed it in his latest filing. So unless she can prove that third parties weren't present (which we're all pretty sure they were), during that in camera hearing...she's toast. Heck, like I said before, Brown could even stand up in court today and allude to the fact that there are witnesses in the courtroom who could attest to the parties that entered chambers that day. (Is Ilene around?)
Beth
PS: I just realized I was responding to several posts on this one. So if I said something that didn't address one of your points Fish, just ignore it. Sorry.