Motion in limineA "motion in limine" asks the court to decide that certain evidence may or may not be presented to the jury at the trial. A motion in limine generally addresses issues which would be prejudicial for the jury to hear in open court, even if the other side makes a timely objection which is sustained, and the judge instructs the jury to disregard the evidence. For example, the defendant may ask the court to rule that evidence of a prior conviction that occurred a long time ago should not be allowed into evidence at the trial because it would be more prejudicial than probative. If the motion is granted, then evidence regarding the conviction could not be mentioned in front of the jury, without first approaching the judge outside of the hearing of the jury and obtaining permission. The violation of a motion in limine can result in the court declaring a mistrial.
There are three types of Motions in Limine 1. Inclusionary - A motion asking the court to have something included in the trial. 2. Exclusionary - A motion asking the court to have something excluded in the trial. 3. Preclusionary - A motion asking the court to have something precluded in the trial
LOL Evidence has away of prejudicing a decision. Now how or why would you throw out expert testimony of the opposition? Ok I want to make a motion to throw out Blackstone’s evaluation since they won’t even take credit for it.
Unbelievable. Rodent doesn't like what he sees in the PJS and BDO reports, so he's moving to have them excluded and their testimony not heard. Well, I'll give it you, Rodent - you go down swinging.
I hope the LIBR denies your motion, Rodent, and Maxwell and Anderson proceed to humiliate you and expose you for the fraud that you are.
I guess it is safe to say that this will be held in chambers. Heck, we may not even get to confirmation with all of the under seal mumbo jumbo thats happening now.
EDIT - Who does Kevin D. Anderson work for? I did not see him listed on PJS's website. Here is Anders J. Maxwell's info.
**** EDIT - It looks like he works for BDO - looking up info now ****
Anders J. Maxwell
Role Anders Maxwell is a Managing Director focusing on corporate restructuring and strategic sales.
Experience Joining PJSC in 1999, Mr. Maxwell has led numerous advisory assignments including representing both debtors and creditors. He advised the shareholders of Mirant Corporation in the bankruptcy reorganization of the $12 billion independent power company; advised the creditors of Galey & Lord, the largest U.S. manufacturer of khaki and denim wear; Building Materials Holding, in the bankruptcy of the country’s second largest distributor of building products; as well as engagements representing Tokyo Electric Power Company in its purchase of Mirant Philippines, Portrait Company of America's Official Creditors Committee, Calpine Generating Corporation's Collateral Agent and Indenture Trustee, Lyondell Basell’s Committee of Unsecured Creditors, and Six Flags Official Committee of Unsecured Creditors.
Anders has a diverse background including high yield sales and trading, project finance, private equity, as well as restructuring. With GE and GE Capital for 14 years, he was Vice President of Corporate Finance and Vice President and General Manager of GE’s Equity Capital Group. Anders was also a Managing Director at Dean Witter Reynolds, in charge of leasing and project finance and the reorganization of two major partnerships: EPIC Mortgage and Zond Systems, Inc. He was a partner at Benedetto Gartland & Company and a financial advisor involved in the reorganizations of Rymer Foods, Inc., Donna Karan Company and Bucyrus-Erie. He held high yield sales and distressed trading positions at Kidder Peabody & Co., Salomon Smith Barney and Lazard Frères.
Mr. Maxwell authors the Viewpoint column quarterly for Dow Jones’ Daily Bankruptcy Review.
Academic Credentials M.B.A. from the Wharton School of the University of Pennsylvania and a Bachelor of Architecture with Honors from the University of California, Berkeley.
Contents of PJS/BDO reports, as described by WMI: Looks like PJS focused strictly on NewCo. Also, note the timing of the submitted reports, and compare with the EC's negotiations with the SNHs.
The Equity Committee retained Peter J. Solomon Company, L.P. ("Peter J. Solomon") as financial advisor and requested that Peter J. Solomon critique the valuation performed by Steven Zelin, the Debtors' valuation expert. Anders J. Maxwell ("Maxwell") prepared a Residual Washington Mutual, Inc. Valuation Critique, dated April 29, 2011 (the "Maxwell Report"). The Maxwell Report opines on the valuation of the reinsurance run-off business of Reorganized WMI and speculates on "scenarios" in which Reorganized WMI raises debt and equity capital to generate taxable income and utilize net operating losses ("NOLs"). Maxwell was deposed on June 30, 2011.
The Equity Committee retained Anderson to opine on the Debtors' ability to use its NOLs and other federal tax attributes in post-emergence periods, pursuant to relevant portions on the Internal Revenue Code. On May 2, 2011, the Equity Committee filed the expert report of Kevin D. Anderson ("Anderson"). The Equity Committee filed a supplemental report prepared by Anderson on June 23, 2011. Anderson was deposed on July 1, 2011.[1]
1. Motion for an Order Shortening the Notice and Objection Periods with Respect to "Debtors' Motion in Limine to Exclude Portions of the Expert Reports and the Testimony of the Equity Committee's Expert Witnesses Anders J. Maxwell and Kevin D. Anderson, p. 4 http://www.kccllc.net/documents/0812229/0812229110711000000000039.pdf