Posted by: fsshon Date: Saturday, July 11, 2009 1:56:12 PM
In reply to: Jerle Shannara who wrote msg# 81011 Post # of 81059
JPM is in serious trouble with this lawsuit. Many of the past employees of WMI are now employed by JPM if they go to depositions, the whole process of Weil's questions and employees answers will then become "public evidence" and put out there for all the world to see. Weil already knows who is responsible for the take-down of WMI, but needs the court to allow them to make the evidence legal and binding. Once this is done and criminal actions are brought to light, Weil can bring up motions in the court for investigation and criminal proceedings be explored by the Federal Authorities (FBI) to find out who is responsible and bring them to justice.
The government (FDIC) will do everything possible in it's power,(using the appeals process and delay tactics) to make sure this does not happen. Walrath gave WMI's lawyers full unlimited discovery under the protection of her court and under the guidance of court-appointed investigators. She took about 3 months to make the decisions she made, after hearing the arguments from both sides, she made her decision based on law and made sure she crossed her t's and dotted her i's, because surely all decisions would be appealed. She is one heck of a Judge and knows what she is doing. She knows she has a big chance her decisions will not be over-turned by the appealate court and therefore she can and will hold true to her rulings. WMI has won this round!!! JPM has been allowed some extra time for the summary judgement motion. She is doing what she needs to be fair and her decision un-appeallable.
As for the next 2 weeks, they are going to be very scary, because of the meddling by the FDIC. Walrath has essentially thrown the FDIC out of her courtroom and they are writing appeals to try and get back in. She knew they would try this, so she made sure to give them a little leeway. She turned down their motions for dismissal and told them she has the right to make the decision on the turnover (money) action and therefore the only thing they had left was the dismissal motion, which she promptly disposed of, essentially locking the FDIC out of the case, motion to intervene was granted, then the only thing she gave them was motion to dismiss; which she hosed them on. I like this Judge, we need all of this case to play out in her courtroom, not DC. FDIC knows if they can get this case to DC, they can essentially bog it down in government bureaucracy and pick it apart one by one using the protection of congress. Walrath is not going to let the FDIC run her courtroom, nor make decisions for her. She is going to let the FDIC know they did not have the power they enforced on WAMU and they need to stop their meddling in her affairs or face a contempt charge.
The way I see it, Weil is doing what Weil does best. They are using the court to slowly tighten the noose around JPM's neck. Under fire for espionage, corruption, collusion and breach, the world eventually has to find out and talk about this case. Our Judge has made her move (she is on our side) and all we need to do is follow along as her experienced hand guides us to riches.
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