Oh boy, another packed courtroom! Saw Bets and James B on my way to coffee. Room is jammed w trial boxes floor to ceiling!
Wow wow!! Reading through the EC objection! Sitting in the coffee shop w big grin on face. Attorneys passing by are convinced I'm nuts :)
No one from EC here yet and no BR sighting. Other than that, a roomful of lawyered up folks. Dave, vic and his son are also here
BR here. No Jane Leamy yet. They've opened an overflow room to handle everyone
Jane Leamy just arrived. Starke and Steinberg here. All the WMI execs are here
Seth Ard and Ed Sargent are here. No SS sighting
The OK Corral is packed! Waiting for JMW now...btw, no water...waaah ;)
Will talk to Starke re article, if I can
The delay might be due to the sheer number of people trying to get situated...looks like in just a minute or so we'll start
BR first to talk re motion in limine...valuation and tax issues
Weil atty: rampant speculation re valuation. JMW: can't this be brought out in cross exam?
JMW denying motion re valuation. Talking about BDO/taxes now
Weil: he cannot be an expert under Second 269, and is not using the correct tests to determine tax aspects
JMW: motion denied
TPS atty now talking about motion to compel for Aurelius and Centerbridge
Atty: if privileged communication is used, atty client is waived
Atty: he has 2 emails he is reading from now and will put into evidence. "Let's meet and talk about settlement" during time they supposedly
Cont didn't have contact
Aurelius atty: we told you a month ago TPS would ask for more info and its too late
JMW: in denying TPS motion, I believed SNH statements that all items were produced. How does this guy even talk w a straight face?
JMW: will reserve judgement until I hear testimony
BR: we'd like to proceed on confirmation. Witnesses: 1129 case first; valuation/taxes; allegations of misconduct last
ES (Sargent): we filed a motion against aurelius and centerbridge and would ask the court to rule after this hearing, using testimony here
BR: we're not responding to EC motion, but we reserve the right to do so
Eckstein(Aurelius):talking re EC motion. JMW "not inclined to erase my memory re what I will hear over the next few days" chuckle in court
Sarget/Rosen/Eckstein discussing whether witnesses should be barred from courtroom. JMW asking them to object at approp time
Starke: jurisdiction question? JMW: should I not hear evidence and send findings to DC court?
Sacks and Clarke arguing whether there are really two TPS groups and whether they should both be able to cross
There are two TPS groups here, both will have the opportunity to present and cross
DiBlasi: Klamser first witness from KCC. Declaration on docket #8113
DiBlasi: witness available for cross. Here comes Art!!
Steinberg: questions on solicitation of class 21. Discussion on which classes he was responsible for
Steinberg: asking re his declaration and section on releases
Steinberg: was notice of bar date also sent to claims holders in class 21? Answer: no
Steinberg: did many cl 21 holders elected stock or release?
Steinberg: debtor expects to disallow all late filed claims, yet you didn't send notice of bar date? A: yes
Q: wasn't it difficult to tabulate elections if cl 12 was still allowed to trade? A: no, not sure...ask the other guy
I love Art!
DiBlasi: trying to save this guy, but she's no Art!!
Does the frequency of trading really negate the double standard here?? (My thought...not said in court)
Art: blowing the poor guy up here...did you read the tracking warrant aggreement?
Art: do the procedures strike you as fair? A: its the procedure... bleh
BR and Steinberg duking it out :)
DiBlasi: next witness D. Sharp also KCC (the other guy Klamser rferred to)
Ed: elections of certain creditors to take stock vs cash...cl 2 questions
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Zitatende
MfG.L:)