I did e-mail him about 2 weeks ago but I did not receive a reply. I'll try again.
If Judge Block rules that JPM is the Party In Interest to the Anchor litigation then I tend to think we could also not win an appeal. Perhaps a lawsuit against the Board of Directors for a breach of its fiduciary duties.
If the PIERS Holders do not vote in support of the Plan and the Plan is not approved perhaps then we could go forward with a Motion to Intervene in Judge Block's Court if he has not yet rendered his decision.
Without any guidance from a profession attorney I think we may be just stumbling along to nowhere.
I received an answer today from Ben and he did file an "Appellant's Statement of Issues....." on February 9, 2012. I have a copy of it.
I noticed in it that he had also filed a "Reply to the Class Plaintiffs' Response to Objections to the Stipulation and Agreement" on January 31, 2012 - Docket # 335. This must be a Pacer Docket #. For some reason KCC did not docket Ben's "Reply....." on January 31, 2012.