Suerte Fuentevejuna
Maximunae: Creo que a lo mejor no has entendido bien o que ayer a Juez ha hecho.
No hemos perdido nada más que ganar tiempo, todo sigue igual.
We may be in much better shape then we realize, especially those of us who will be satisfied with a settlement. Those who want more, i.e. jail time for the perpetrators or disbarment or sanctions against Rosen et al, they will likely be disappointed.
If you look at the ruling, THJMW did not permanently deny an examiner. She simply said it is not needed now because everything an examiner would find is already available. She was very clear about the documentation being turned over to the EC. Susman and his team now have unfettered access to everything. They are smart enough to know if they're being screwed with. And if they are they will be back in front of THJMW, with the UST, calling again for an examiner and she will grant it.
What this action has done is give Rosen, JPM and the FDIC the final chance to reach a settlement with the EC. Susman can still conduct negotiations quietly. Discovery can still be kept behind closed doors. If an examiner was appointed everything would be public. JPM, FDIC, Rosen and the others would have lawyered up. Now it is time for the lawyers to go back to their clients and tell them they dodged a bullet but the gun is still loaded and aimed square at them.
Susman's examination will not take as much time as many people think. He's already examined the 600 pages of discovery that has already been made available. He already knows about Project West. He already knows everything we know. He did his DD before he even signed on to the case. He knows exactly what he is looking for. He knows what Weil has and hasn't produced.
Now he has the authority of the court to get the last pieces of the puzzle. Susman is about the money and only the money. Anything he has thrown out that indicates he wants justice is just to remind Weil and JPM how really nasty things will get if this goes to a public trial. He is just going to keep squeezing their balls and with today's ruling has handed him a really big pair of pliers.
Don't forget: the EC is not limited in funds (no cap) with which to conduct Discovery...as the Examiner very well could have. Also, the Examiner may have been overwhelmed by the sheer volume of documents to comb through. Susman won't with an eager team/firm behind him, and he will also know exactly where to dig (where the Examiner may not be so target based = results we need).