Chiron on i-hub wrote this earlier and I completely agree with her analysis:
"I am beginning to see Walrath's plan here. Let the EC conduct discovery, and the only way they can be stopped is if an offer is made to them. At first I thought this was bad news today, however, I think that once again Walrath has outsmarted the fox. Had we received an examiner we would have an independent analysis conducted that could take 150 days - 5 months!!!
So she denies it, gives the EC full powers to conduct discovery, and tells the other parties to play nice or else. Now Susman can dig deep and there is nothing from stopping this information from coming to light - except a offer to equity."
This is all about Discovery, always has been imo ... with Discovery, the real fun begins. And now we have the EC in charge rather than some garbage court-appointed examine. I hope to add more on any weakness tomorrow, got some KQs at .70 earlier, lol.
Here's the problem I have with statements like that one... everyone and their mother was rooting for the Examiner to be approved. I saw a lot of "this will be the nail in JPM's coffin" kind of talk, and I also saw some "this is probably make or break for us, if we don't get this we're probably done" talk. My point being, leading up to the hearing I didn't see ONE person say they didn't want the Examiner to be allowed. But then when the judgment comes down and the Examiner is NOT allowed, all of the sudden the people who wanted it so bad are now saying it's a GOOD thing the Examiner wasn't allowed??? Come on. It reeks of desperation to me. If it's such a win for WAMU that the Examiner wasn't granted, why did they waste their and the courts time trying to get one in the first place?
And this isn't the first time. Pretty much anytime something doesn't go the way of the EC, the people who post on the message boards usually have a ready-made excuse for why it's actually a good thing they didn't get what they were initially hoping for.
Don't get me wrong, I'm not saying this person couldn't be right. I'm just saying it could very well be somebody trying to convince themselves that the ruling isn't as bad as they thought. I went to Ihub for about 5 minutes today after the ruling because I was curious to see the responses, and most of them were similar to this. They were of the "this is actually what we wanted all along" variety, even though nobody was saying that PRIOR to the hearing.
Also, I don't know why people are making a big deal out of the 5 months. Sure it's a big delay, but do people think this case will be wrapped up in the next 5 months? Not much progress in the first 19, so I think it's unlikely that everything gets taken care of in the next 5, but I could be wrong.
Just my .02. I hope for everyone's sake this person is right, but I for one am skeptical.