Finally, if the Trust Preferred Holders are permitted to initiate any new
discovery of their own against the Settlement Noteholders – who are charged with illegal trading
solely on the theory that participation in unsuccessful settlement negotiations is permanently
restricting – then the Trust Preferred Holders too should be required to produce their own trading
records, documents reflecting information received during settlement negotiations, and
communications with counsel. The Trust Preferred Holders are, like the Settlement Noteholders,
non-fiduciary investment funds that presumably have been trading throughout the cases
notwithstanding their involvement in settlement negotiations from time to time. As such, their
own conduct is as relevant to the issues presented at confirmation as that of the innocent parties
that were made subject to these baseless attacks solely because they were mentioned by a
disgruntled pro se objector who offered no evidence of wrongdoing.