Re: Examiner motion.
Gut feeling says:
Susman will ask for the max in information as required and the 17th will come and go with no decent results for EC, et al, namely because Rosen will put in the usual oily roadblocks, including the reservation to not release work documents, based on that ludicrous precedent he fostered in Judge Walrath's face.
In my opinion, Judge Walrath will OK a new motion for the Examiner, as Rosen's game playing to destroy EC is now beyond reason. The last weeks of Rosen's et al, antics (obscure and wrong precedent ruling) must have had her in knots over the weekend. Remember, she has the ability to OK the "new" motion and proceed with the old motion, (for future clarity), although both en force do not complicate each other, therefor, a clear road for Susman's Appeal.
I think she sees the light and the best postioning to facilitate resolve is by an "Examiner report" which should reveal the basics of all pertinent controversies. Judge Walrath's decison to move this entire debacle on to inspection of the way A&M, WMI BOD, Weil, Gotshal, JPM, FDIC and Rosen have engineered this is not only the most efficient way, but probably in the eyes of the court, the most equitable.
The reason Rosen et al, is fighting this tooth and nail, is that they know even the most rudimentary investigation will turn the L>A, into A>L and in addition, answer many of the questions on the ethics and the takeover mechanics revealed in the light of truth.
By most odds, (after an Examiner is appointed) Rosen's career is over, as well as some serious damage to all others involved. To late to put the lid on this, as you can see the Press..already smells blood in the water and if they turn as I expect, the articles will be vicious..and you know how that sells newspapers and makes Journalistic reputations.
Kristen was on the trail from day one and will have our greatest respect...not to mention the EC, Trustee and all the other supporters to this cause. Even Peg Brinkley, (a former doubter and WMI leaning reporter) is now leaning to the EC. 17th should be a blockbuster day..and be the turning point for the story yet to unfold