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:
: 05-MD-1720 (MKB-JO)
:
: United States Courthouse
: Brooklyn, New York
:
: Thursday, February 26, 2015
: 11:30 a.m.
:
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TRANSCRIPT OF CIVIL CAUSE FOR STATUS CONFERENCE
BEFORE THE HONORABLE JAMES ORENSTEIN
UNITED STATES MAGISTRATE JUDGE
A P P E A R A N C E S:
For the Class Plaintiffs 1720:
COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP
BY: ALEXANDRA S. BERNAY, ESQ.
ROBINS, KAPLAN, MILLER & CIRESI, LLP
BY: THOMAS J. UNDLIN, ESQ.
For the Class Plaintiffs:
ROBINS, KAPLAN, MILLER & CIRESI, LLP
BY: K. CRAIG WILDFANG, ESQ.
ROBBINS GELLER RUDMAN & DOWD LLP
BY: PATRICK J. COUGHLIN, ESQ
BERGER & MONTAGUE, P.C.
BY: H. LADDIE MONTAGUE, ESQ.
MICHAEL J. KANE, ESQ.
MERRILL G. DAVIDOFF, ESQ.
FRIEDMAN LAW GROUP LLP
BY: GARY B. FRIEDMAN, ESQ.
For the Class Plaintiff Payless:
MOTLEY RICE LLC
BY: MICHAEL M. BUCHMAN, ESQ.
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For the Individual Plaintiffs:
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For the Defendant Fifty Third Bancorp 1720:
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For the Defendant HSBC:
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For the Objector Sunoco:
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PEPPER HAMILTON LLP
BY: CONNIE VASQUEZ, ESQ.
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For the Amex class:
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For Visa:
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For MasterCard:
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For Bank of America:
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MORRISON FOERSTER
BY: MARK P. LADNER, ESQ.
MICHAEL B. MILLER, ESQ.
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For J.P. Morgan Chase:
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For Wells Fargo:
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Court Reporter:
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PROCEEDINGS
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THE COURT:
Good morning.
As usual,
I imagine we'll spend the bulk of our time this morning on the
Ms. Ravelo, but we also have the fee issue, the motion by
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Mr. Furman, and I think that will take up less of our time so
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on up.
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MR. FURMAN:
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THE COURT:
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go ahead.
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MR. FURMAN:
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itself.
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THE COURT:
All right.
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MR. FURMAN:
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THE COURT:
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MR. FURMAN:
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THE COURT:
Right.
And I don't say that with disrespect,
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happened later.
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MR. FURMAN:
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in time.
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THE COURT:
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MR. FURMAN:
THE COURT:
what happened?
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MR. FURMAN:
decision --
THE COURT:
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I see.
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THE COURT:
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MR. FURMAN:
I see.
That's the only point we make.
But I
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Judge Gleeson said are -- is the fact that they came back to
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the court and they asked for a new incentive award amount, a
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THE COURT:
The
did?
MR. FURMAN:
Your Honor.
THE COURT:
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do, but other than asking them that, how can I differentiate
about doing this, and what you did, in terms of what affected
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MR. FURMAN:
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Gleeson did.
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THE COURT:
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possibility.
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MR. FURMAN:
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THE COURT:
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MR. FURMAN:
credible.
THE COURT:
was due entirely to the fact that before Judge Gleeson said
that you had no effect on his decision you had opposed their
correct?
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MR. FURMAN:
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THE COURT:
No.
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MR. FURMAN:
Sure.
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THE COURT:
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MR. FURMAN:
record.
What
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fact is that they came back afterwards, knowing that there was
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THE COURT:
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oppose it, why wouldn't they have asked for more, confident
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MR. FURMAN:
of reasons.
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THE COURT:
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MR. FURMAN:
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THE COURT:
Right.
I think clearly -But we're looking for a reason that has
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MR. FURMAN:
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THE COURT:
MR. FURMAN:
THE COURT:
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Got it.
Okay.
They definitely
Anything else?
Yes, sir.
MR. KANE:
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THE COURT:
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MR. KANE:
Michael Kane
And you.
I'll start with the basic premise, which
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that we made.
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plaintiffs.
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This was a
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public filing.
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filed, and Mr. Furman was also provided with unredacted copies
to do was put the record straight, make sure that Judge Brodie
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THE COURT:
And
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MR. FURMAN:
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to try and figure out a way to get the documents that were
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We
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it was some shorter period of time, the fact that we got the
THE COURT:
Thank you.
All right.
So if
I'm going to
application.
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request.
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If there's something
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unintentionally.
Yes, sir.
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MR. JOSSEN:
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All right.
Thank you.
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THE COURT:
proceed.
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that.
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MR. JOSSEN:
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THE COURT:
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MR. JOSSEN:
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I think
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THE COURT:
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made about Ms. Ravelo's conduct and I guess to some extent Mr.
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Friedman's.
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happened.
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MR. JOSSEN:
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problem.
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documents.
the protocol.
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can address and perhaps Your Honor can help us resolve those,
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I think there
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THE COURT:
I agree.
I'm
I really want to
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questions that come to mind that I think are for a later day
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You have
objections that Mr. Olson and Mr. Shinder and Mr. Canter in
logged.
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have been.
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MR. JOSSEN:
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been exchanged back and forth between Ms. Ravelo and Mr.
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kinds of parties.
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disclose and listing those documents for the Court and for the
parties.
as they're interposed.
for us to prepare the log in the materials and the areas that
we've outlined.
THE COURT:
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MR. JOSSEN:
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will list them and we will put all of those documents there.
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and Ms. Ravelo, there are certain documents, there are certain
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THE COURT:
Pause there.
talking about?
MR. JOSSEN:
2010.
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a prior period when Ms. Ravelo was at Hunton & Williams and
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because they migrated with Ms. Ravelo to Willkie Farr when she
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THE COURT:
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THE COURT:
All right.
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MR. JOSSEN:
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They are
arrangements.
number of what I will say are not matters that are related on
confidentiality.
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stage one and then we will proceed to log the other documents
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THE COURT:
And I
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MR. JOSSEN:
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THE COURT:
We have.
And what -- just as a procedural matter
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MR. JOSSEN:
We did both.
Because
Was
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with it.
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people.
and, therefore, on their face did not raise the issues at all
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confidentiality.
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THE COURT:
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litigation?
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MR. JOSSEN:
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do.
issues.
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THE COURT:
And I think
all have things we'd rather just not expose to others, not
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MR. JOSSEN:
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documents in this category, but -- and I'd rather not get into
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THE COURT:
follow.
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MR. JOSSEN:
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example --
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THE COURT:
But, for
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THE COURT:
MR. JOSSEN:
Exactly.
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THE COURT:
at least.
Okay.
All right.
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consensus.
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15 in some instances.
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MR. JOSSEN:
Sure.
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have the log, at least the first log that I described, within
need that.
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they'll come back to Your Honor and you'll decide, based upon
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litigation.
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THE COURT:
MR. JOSSEN:
All right.
Whether he
Thank you.
THE COURT:
MR. JOSSEN:
Of course.
Thank you, Your Honor.
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THE COURT:
Yes, sir.
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MR. OLSON:
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THE COURT:
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MR. OLSON:
Mr. Olson.
Your Honor,
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we're here with Mr. Shinder and Mr. Malone on behalf of the
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7-Eleven group and Mr. Canter and Mr. Rubin on behalf of the
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Target group.
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And that
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THE COURT:
MR. OLSON:
Honor, was that the counsel they were provided, primarily Mr.
Friedman --
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THE COURT:
letter.
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disrespect intended.
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I've had some familiarity with these proceedings over the past
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occurred in court.
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elsewhere.
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His name does not stand out as the one who was
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materials, but other than that, what makes him the primary
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actor here?
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MR. OLSON:
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can only go with what we can see, and I'll tell you what we
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can see.
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has taken very seriously the things that parties say about
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We
And I think we
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THE COURT:
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MR. OLSON:
On his own
And I'm
So is there
THE COURT:
Please, yes.
MR. OLSON:
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statement.
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dollars.
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terms.
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THE COURT:
All right.
PROCEEDINGS
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MR. OLSON:
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THE COURT:
it you agree that that says nothing about Mr. Friedman's role
in the litigation?
MR. OLSON:
THE COURT:
No.
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statement, please.
MR. OLSON:
counsel firm.
THE COURT:
Excuse me.
I surely
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THE COURT:
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litigation?
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MR. OLSON:
I believe his
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THE COURT:
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MR. OLSON:
wasn't there.
These --
THE COURT:
No, but --
MR. OLSON:
THE COURT:
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MR. OLSON:
I'm just
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false.
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THE COURT:
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MR. OLSON:
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everything I know.
This is everything --
THE COURT:
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sure you understand what I'm gleaning from what you said.
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MR. OLSON:
All right.
settlement.
MR. OLSON:
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as promptly as we can.
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appeal that could be set for oral argument any day, and I
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THE COURT:
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MR. OLSON:
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THE COURT:
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but when is the next argument date for which they have not yet
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released a schedule?
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MR. OLSON:
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THE COURT:
I see.
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that you've got this issue pending and you don't want to be
information?
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MR. OLSON:
Circuit yet.
THE COURT:
I see.
Okay.
give you an argument date while you feel you need to get
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MR. OLSON:
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THE COURT:
Okay, go ahead.
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MR. OLSON:
All right.
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today.
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not clear.
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THE COURT:
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MR. OLSON:
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There's the
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stage one log of the documents that are already in the process
soon as possible.
appreciate that.
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immediately provided.
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THE COURT:
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your argument?
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MR. OLSON:
THE COURT:
want to make sure you get a fair shot at making the arguments
what you think might be there that would be aha, this is what
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we can use.
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MR. OLSON:
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THE COURT:
Sure.
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MR. OLSON:
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people that were of such concern that we're all here today.
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Many hundreds exchanged just over the time period where Ms.
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Ravelo --
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THE COURT:
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MR. OLSON:
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THE COURT:
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it's because I have something in mind that I'm hoping you can
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this litigation or from the Amex litigation and are about more
personal details?
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MR. OLSON:
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THE COURT:
Yes.
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MR. OLSON:
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Court's attention.
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MR. OLSON:
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THE COURT:
Tell me.
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MR. OLSON:
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husband has been indicted not only for the scheme that was
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THE COURT:
We don't
you can imagine that might be going on, but what I'm trying to
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MR. OLSON:
If
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And the two matters I just described are the type that could
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THE COURT:
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doing that.
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MR. OLSON:
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at the beginning.
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essential question.
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e-mail.
e-mails.
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THE COURT:
Was
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else of whom also had to sign off on it, the fact that his
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settlement.
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you say you have to explain why, I think you're making the job
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MR. OLSON:
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THE COURT:
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MR. OLSON:
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we're going to make that argument and class counsel will say,
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Mr. Friedman did when he was out there in the mud litigating
the case.
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THE COURT:
Okay.
MR. OLSON:
address?
Your Honor.
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THE COURT:
Why not?
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MR. OLSON:
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documents to an adversary.
THE COURT:
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MR. OLSON:
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THE COURT:
I don't know.
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properly have.
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Even
MR. OLSON:
THE COURT:
Wouldn't you?
MR. OLSON:
THE COURT:
MR. OLSON:
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THE COURT:
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MR. OLSON:
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THE COURT:
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to be meritless?
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guidance?
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MR. OLSON:
guidance that --
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THE COURT:
Give me a proposal.
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MR. OLSON:
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not interfere and the Court does not want the objection
THE COURT:
make.
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going to single out any one party for that kind of admonition.
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MR. OLSON:
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THE COURT:
Okay.
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MR. OLSON:
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We
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THE COURT:
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Go back a step.
MR. OLSON:
And we cited
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THE COURT:
Right.
I get that.
Okay.
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MR. OLSON:
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Friedman's own files from his law firm or any others where he
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process.
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doing it.
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We know
We've
We think
It should
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electronic files from the period she was there up until late
2010, and if they are there that we have a similar process for
those files.
THE COURT:
Okay.
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MR. OLSON:
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THE COURT:
All right.
Thank you.
Before I hear
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from anyone else -- oh, I'm sorry, before you sit down, in
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provided.
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MR. OLSON:
THE COURT:
Okay.
All right.
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addressed.
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Okay.
MR. KOROLOGOS:
Sir.
Good afternoon, Your Honor.
Phil
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ways:
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here, and Your Honor may recall there were some requests for
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compel.
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THE COURT:
I recall.
Right.
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So there are
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THE COURT:
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ahead.
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MR. KOROLOGOS:
Go
And let
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yet.
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THE COURT:
Sure.
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MR. KOROLOGOS:
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the bottom of the second page of the draft stip, there is the
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that has our documents going to somebody that hasn't yet had
THE COURT:
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MR. KOROLOGOS:
Correct.
My position here is to
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instance.
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THE COURT:
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MR. KOROLOGOS:
Okay.
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4.
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THE COURT:
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thing, okay.
MR. KOROLOGOS:
Your
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For instance, a
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So this is
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I think there
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parties can figure out, well, it's got an issue that we've got
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It
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THE COURT:
I'm
MR. SHINDER:
Mr. Shinder?
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we're fine with that, and on that basis we're okay with
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your province.
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I just want to
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THE COURT:
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Express checkbox on the log is the way to do it, but I'm sure
you guys can work out a way to implement the principle that
MR. KOROLOGOS:
Okay.
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Attorney's Office.
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Rule 6(e) that they will take appropriate steps to ensure that
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a protective order.
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THE COURT:
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MR. KOROLOGOS:
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They've
Yes, of course.
Office has some real limitations on what they can tell you
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about that.
MR. KOROLOGOS:
Right.
limitations on it.
from them.
some cases and there may be a dispute with others that I'm not
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THE COURT:
Okay.
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MR. KOROLOGOS:
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THE COURT:
All right.
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MR. KOROLOGOS:
THE COURT:
Okay.
MR. ISSACHAROFF:
Issacharoff.
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THE COURT:
All right.
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Ms. Ravelo?
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MR. ISSACHAROFF:
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Honor.
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grounds.
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THE COURT:
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relevant.
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MR. ISSACHAROFF:
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Garaufis.
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order.
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THE COURT:
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communications.
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MR. ISSACHAROFF:
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Honor.
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descriptions.
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Ravelo.
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I just got
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THE COURT:
saying, whatever else may happen in the Amex case, I've got an
obligation to --
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MR. ISSACHAROFF:
We don't disagree.
We don't
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THE COURT:
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Williams'?
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files that had protected 1720 -- I'll just use 1720 as the
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THE COURT:
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MR. ISSACHAROFF:
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1
friendship.
other.
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The kids know each
based upon the fact that there were some files here.
We hear from Mr. Olson, oh, I'd like to raise the issue of the
So we
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here, and it's not an occasion, because there were some Amex
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THE COURT:
I pressed
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prurient interest.
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is, as you call it, 1720 material that passed between them in
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MR. ISSACHAROFF:
the opportunity.
a protocol.
attachment.
it on the spot.
THE COURT:
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MR. ISSACHAROFF:
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THE COURT:
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MR. ISSACHAROFF:
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no issue.
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THE COURT:
But we
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MR. ISSACHAROFF:
THE COURT:
Yes, yes.
MR. ISSACHAROFF:
THE COURT:
Right.
MR. ISSACHAROFF:
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We
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It was up on appeal.
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of people.
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THE COURT:
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get there, but to the extent that the party that has it is
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Are you
MR. ISSACHAROFF:
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THE COURT:
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avoid --
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THE COURT:
One way to
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then produce them, but having done so, I think it's up to the
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party that has them now to log what they have and let
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they'll ask for it; and if you want to object at that point,
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you object.
MR. ISSACHAROFF:
morning, the position taken by Mr. Jossen was that they did
that position.
THE COURT:
Right.
room when Mr. Jossen said that they would be willing to do it.
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it.
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your client would rather they don't, not that he doesn't have
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MR. ISSACHAROFF:
that and we have no choice.
THE COURT:
Okay.
Okay.
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MR. ISSACHAROFF:
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In everything
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the aisle, and some of them are we are going to file the
Sometimes people
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THE COURT:
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MR. ISSACHAROFF:
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diffuse.
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THE COURT:
MR. ISSACHAROFF:
I'm not
organize --
THE COURT:
All right.
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MR. ISSACHAROFF:
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is, once again, why I think that much of this has to be sorted
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Amex.
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THE COURT:
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MR. ISSACHAROFF:
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He's one of
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interest here.
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MR. ISSACHAROFF:
with that.
We have no problem.
THE COURT:
MR. ISSACHAROFF:
THE COURT:
Okay.
Anything else?
No, Your Honor.
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MR. WILDFANG:
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THE COURT:
No?
Okay.
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way with Hunton & Williams about pursuing with them the
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MR. WILDFANG:
I want to
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issues out.
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are.
THE COURT:
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Williams.
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not.
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know.
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I'll hear
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1
above-entitled matter.
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/s/
Sherry Bryant
Sherry Bryant, RMR, CRR
Official Court Reporter
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