Timeline for June/July from billings/hearings
« on: Today at 04:31:55 PM » Quote
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Trying to make some sense of the references to "settlement", "term sheet", etc. in recent billings I made a time line. This is taken from two recent EC billings - Ashby & Geddes (A&G) and Susman - and from the Alvarez and Marsal (A&M) billing. I put in the timeline the Delaware hearings, including comments made by shareholders who were present. Also included are the two filed-under-seal motions from the EC, which happened to come one day before each of two critical hearings.
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6/11 A&G (EC)
- Prepare for and participation in teleconference with Committee and co-counsel regarding settlement approach and related issues
6/11 Susman (EC)
- Attending trial team call re Strategy for upcoming negotiations with debtors.
- Attending call with attorneys for Equity Committee and P.J. Solomon re upcoming negotiations with debtors.
6/13 Susman (EC)
- Reading and responding to trial team e-mai|s re approach to negotiations with debtors.
- Attending trial team call re negotiations with debtors.
6/15 Susman (EC)
- Attending phone conference with counsel for debtors re possible settlement.
6/15 A&G (EC)
- Review of and revise draft settlement term sheet and telephone conference with PJS regarding same;
- review of correspondence from J. Nelson regarding response from Debtors;
- telephone conference with Equity Committee regarding strategy
- telephone conference with B. Rosen regarding settlement issues
- Call with Committee and professionals regarding proposals/scenarios
- multiple correspondence with Committee and professionals regarding same
- multiple correspondence with Committee professionals regarding same
- call with PJS regarding same
- Communications among counsel regarding settlement status/strategy and upcoming hearing
6/16 Susman (EC)
- Attending meeting with Equity Committee re possible settlement.
- Attending phone conference with debtors re potential settlement.
- Preparing examiner reply. Conferring with trial team, cocounsel, and client re settlement and discovery. Conferring with debtors re settlement.
6/17 Hearing
Rosen: "We filed a second amended agenda last evening which referred to the Debtors' request with respect to the adjournment of the disclosure statement hearing. As we indicated in the agenda, based upon the good-faith negotiations that are underway between the Debtors and the Equity Committee, with respect to modifications of the Chapter 11 Plan, we thought it was in everyone's best interest to adjourn the Disclosure Statement hearing until July 8 so that these negotiations could continue and to see if a resolution could be reached that would result in a modification to the Plan and a modification to the Disclosure Statement. As part of that the Equity Committee similarly agreed that it would adjourn its motion with respect to the appointment of an examiner and its corresponding discovery motions or applications that it had on file for 2004 requests of JP Morgan Chase, the FDIC, and with respect with discovery of the Debtors."
6/18 Susman (EC)
- Conferring with J. Nelson re upcoming tasks and status of settlement talks.
6/21 Susman (EC)
- Conferring in office with E. Sargent re responding to debtors discovery requests to EQC and settlement strategy.
- Conferring with P. Folse re same discovery issues and settlement.
- Conferring with opposing counsel re settlement
6/22 Susman (EC)
- Conferring in office with J. Nelson re current status of settlement negotiations and how to proceed. Reviewing and replying to e-mails from counsel for bank bondholders and preparing e-mails to EQC re same.
6/25 A&M (WMI)
- Settlement negotiations and planning discussions
6/28 A&M (WMI)
- Settlement discussions.
- Discussion of potential settlement options with the equity committee: development of various settlement options
- Conferring with opposing counsel re settlement. Conferring with trial team and client re strategy
6/29 A&M (WMI)
- call with PJS and Susman to discuss Settlement Worksheet
6/29 Susman (EC)
- Attending conference call with representatives ofthe Debtors discussing confidential settlement analysis.
6/29 A&G (EC)
- review of correspondence regarding settlement offer and correspondence to J. Nelson regarding same;
- telephone conference with A. Maxwell regarding settlement;
- telephone conference with Debtors' regarding settlement worksheet
- Correspondence (multiple) with co-counsel and members regarding settlement bid/ask and go forward issues
7/07 EC filing, first under seal, #4893
- Motion to File Under Seal/Motion for Order Authorizing the Official Committee of Equity Security Holders to File Supplemental Filing Regarding the Examiner Motion and the Scope of Production Under Seal.
7/08 Hearing, Susman present
Started with 2 hours of delay from meetings in judge's chambers. From nadie01: "At one point before the scheduled start time, [Susman] walked over to ask Rosen something. Rosen firmly said "No" and Susman asked something else and out came another firm "No". It may not have been anything important, but he seemed less than cordial in the way he replied to Susman". From Ilene in court: "Susman went and said something to Rosen, fairly terse from their body language. After Susman walked away, Rosen turned to his co-counsel (toward me) and he was making a mocking face to them, referring to Susman...more texts and from another source, information that one of the parties was disappointed, saying they 'should have held out for more'." From wfmandmusic in court: "Rosen and team were in a good mood to start with...until Susman came over and started talking to Rosen... When everyone came back into the room, oh yea the mood had changed. Some lawyers looked upset (Quinn folks). When it was all over, Susman came down to the lobby. He broke out with a smile." Rosen's statement at the end: "Your Honor, thank you very much for allowing us to meet with you and discuss some issues in chambers and among the respective parties. Your Honor as a result of those we believe that there needs to be some ongoing dialogue and we're going to make our offices available on Monday to do that and as a result, Your Honor, we would like to adjourn what is on the calendar for today to July 20th, which is already an omnibus hearing date, and I think the court's calendar will permit us to move it from 10:30 to 9:30 in the morning so that we can get all of the matters on the calendar heard that day prior to the other matters that the court has. And hopefully these discussions that we're going to be having on Monday will yield an understanding with respect to the multitude of issues that we're adjourning today."
7/19 EC filing, second under seal, #5091
- Motion to File Under Seal/Motion for Order Authorizing the Official Committee of Equity Security Holders to File Supplemental Statement in Support of Motion for Examiner and On Timing for Resolution of Shareholder Meeting Under Seal.
7/20 Hearing:
- Examiner appointed, with Rosen stating "The bottom line, or the headline, Your Honor, is that the Debtors would consent to the appointment of an examiner..."
