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Enron Mail |
As feared, the judge denied our motion to compel arbitration. Liz said the
judge had read all the pleadings and the cases, and he seemed prepared to rule before argument. After listening to argument, the judge denied the motion to compel arbitration because -- 12 other adversaries are pending dealing with similar issues -- arbitration would interfere with efficient administration of the estate -- a Discovery Mediator has been appointed to supervise cases -- not convinced claims I and II are non-core proceedings -- 2 counts of the complaint would be left with him in any event -- he has discretion. Interestingly, from the bench, he did not rule that Claims I and II are core matters, he simply stated that he was not convinced they were non-core. We have a right to an immediate appeal. There are definitely pros and cons to it. I'd be happy to discuss them with you in person or do an email for your consideration. Let me know which way you'd like the analysis. We have only 10 days from the entry of the order to file a notice of appeal. I'm not certain whether the order denying the arbitration was entered today, but if not, it probably will be entered tomorrow. For planning purposes, let's assume that our notice of appeal has to be filed on December 22, which is next Friday. Wish the results had gone the other way, but it's not over yet! **********NOTE********** The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (713-546-5000), and destroy the original message. Thank you.
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