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p2k12

04/17/12 12:54 AM

#56345 RE: litton51 #56344

We are past assumptions. Here are a few of Judge Laster's words, at least ones that can actually be found.

On page 4 of Judge Laster's February 8th Opinion:

In August 2011, Calypso's board approved a global settlement with Daic by a vote of 3-1.

On page 11 of Judge Laster's February 8th Opinion:

The evidence at trial did not support the claimed violation of the Status Quo Order but rather established that management and their counsel appropriately carried out the August 2011 board decision approving the settlement.

On page 2 of Judge Laster's February 13th Order Denying Motion for Reconsideration:

The Company's concern about whether Mr. Daic complies with the Settlement Agreement is unaffected by the appointment of the Receiver. If Mr. Diac does not comply, the Receiver has the power to enforce the Settlement Agreement.

Not only did Judge Laster uphold the August 2011 settlement with Drago, Judge Laster instructed the receiver to enforce the settlement if Drago attempts to not comply with the settlement.

By the way, while I could not find "illegitimate" anywhere in Judge Laster's written opinion, I did find "false" three times, once in italics. Check it out.