You still believing everything you're told by Gary Dobry and Mike Sylver, Auntie? A poor idea, to say the very least.
In the course of four days of hearings: three regularly scheduled, and the emergency hearing requested by the DTC, the term "summary judgment" was used only once, by Josh Landish, at the emergency session:
13 MR. LANDISH: Your Honor, Joshua Landish on behalf of
14 Amazon. Amazon objects to the DTC emergency application for
15 evidentiary hearing, motion for an order to show cause which
16 the Court has already addressed, dismissal, stay of briefing
17 schedule on the basis those motions are not properly before
18 the Court.
19 The Court will recall that when we last met the plaintiff
20 had rested its case. The DTC, Depository Trust Corporation,
21 had filed a motion to dismiss. The Court set a briefing
22 schedule. The Court indicated that if DTC was successful in
23 its motion to dismiss that would end the matter. However, if
24 the motion was denied then the Court would set a hearing for
25 DTC's case in chief when that arrived. Now any evidence in
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1 the nature set forth in the emergency motion, which frankly is
2 nil, is the proper subject of the DTC's case in chief.
3 Plaintiff is unaware of any federal rule that would permit the
4 acceleration of testimony as the DTC requests other than a
5 motion for summary judgment which this is not.
6 THE COURT: Oh, I don't think so, counsel. I think
7 the Court has -- if there's some question about the accuracy
8 of testimony that has been given, I think the Court can
9 reasonably address that at that time. That's to me simply an
10 appendage of the case in chief and if that's going to be an
11 assessment. Frankly this hearing was scheduled at least as
12 much for your benefit.
You think George is gonna enter a summary judgment against Andy Mann? He may do. But that doesn't mean Mikey's gonna get what he wants. It's quite obvious that George feels AZNT is largely responsible for this mess:
19 THE COURT: But it you want to get the picture before
20 me, at this point -- and you may be able to point to something
21 different, you can go back to this area. But it sounds a
22 whole lot to me, the more I hear, that Amazon chose to deal
23 with some very, very questionable people and I'm getting more
24 and more the feeling that they've created the difficulty that
25 they now encounter through their own folly. But you may be
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1 able to show me something different. But this --
That was from the Monday session. This from the end of the Wednesday session:
19 But you're going to have an additional burden of if as I
20 suppose could be argued, the actions of your client created
21 the problem in the first place why should I provide a remedy
22 for you folks if you haven't acted properly to begin with?
23 But all of the standard requirements, irreparable harm, and
24 if you really want to get the stock back, counsel is correct,
25 that's a mandatory injunction and there's a little higher
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1 standard for a mandatory injunction than all of the usual
2 elements necessary to get an injunction.
My guess is, as it's been for a long time, that at the very most George will order a monetary settlement from Mann, and dismiss the case againt the other defendants.
And then there is, of course, the question of Mikey's embarrassing and extremely "confused" testimony. You'd really think he and his father could get things straight between 'em, wouldn't you?
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