Tuesday, July 11, 2006

'I Envision the Possibility of a Motion for Sanctions'

Here is the text of objectors attorney's Charles Chalmers' letter today to Charles S. Sims, co-lead counsel for the defendants, and Michael J. Boni, co-lead counsel for the plaintiffs.

Dear Counsel:

I would like to have a clear description of how the presentation of the erroneous information about claims value occurred. Your statements are cryptic. I am requesting a detailed explanation. The following questions indicate the types of information I would like to have.

1. What is the explanation from the Administrator for its failure to provide the calculation that you explicitly requested?

2. Have you received the reports called for by the claims memorandum?

3. Assuming that you have, it seems the number presented in the last report, covering all filed claims, would be very similar to the one you reported believing that it was a different calculation. Didn't anyone notice the similarity, and if not, why not?

4. Why didn't you tell me about the problem when I first raised the question, instead of waiting more than a week and providing it only when I threatened a motion.

I would also like to have a similar clear, detailed explanation about how the claims figures you each (Sims and De Bartolomeo declarations) presented about interim claims were developed. Chuck Sims' letter to me begs the question by referring to the Administrator. Mr. Boni has not provided me any answer. Again, these questions indicate the type of information I would like to know.

1. Were you receiving the Memorandum reports at that time, and were they being prepared as specified in the Memo?

2. Did you ask the Administrator for a different report, similar to what you describe for use in your appeal briefs?

I request that you obtain, if you have not already, the report from the Administrator that you thought you had for the appeal briefs, and provide it to me.

I am investigating the possibility of motions to the Court of Appeals regarding these matters. My analysis is not complete, but I envision the possibility of a motion to make your descriptions of what has occurred part of the record on appeal, and a motion for sanctions. I believe that the information I am requesting, or your refusal to provide it, will be relevant to such motions.

Charles D. Chalmers


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