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Sent: Tuesday, September 09, 2008 2:02 PM
Subject: Confusion about court restriction of public access to
Examiner's reports
Copied below is a letter just sent to CA
reporting that a Forum participant had found a provision in one of the
court filings that restricts public release of the Examiner's report. (A
PDF file of the referenced court filing was attached
to the email sent to the company, and will be posted on the Forum's web
site by tomorrow.)
This document appears to resolve the confusion
about the company's reference to a court seal, but obviously presents
other challenges that will have to be resolved before the reports can be
released. I will of course keep you informed of our progress.
GL
Gary Lutin
Lutin & Company
575 Madison Avenue, 10th Floor
New York, New York 10022
Tel: 212-605-0335
Email: gl@shareholderforum.com
----- Original Message -----
To: William E. McCracken
Cc: John A. Swainson ;
Amy Fliegelman Olli
Sent: Tuesday, September 09, 2008 1:53 PM
Subject: Presumed explanation of reported court seal
Mr. McCracken -
A participant in the Shareholder Forum has
brought to my attention a provision in the March 16, 2005 "Order of
Appointment of Independent Counsel," filed April 19, 2005 as Docket #8,
that restricts public distribution of the Examiner's reports. A copy of
the Order is attached.
The Order's relevant paragraph 10 states
that CA may publicly disclose information in the Examiner's reports "to
the degree that the reports contain material, non-public information that
CA is obligated to disclose," but must not disclose information in the
reports for any other purpose without court approval. While this is not
exactly a court seal, the provision is certainly a court-ordered
restriction.
Assuming you may want to seek
the court's approval of the currently requested public release of the
Examiner's reports, rather than simply treat it under the provision as
being "obligated to disclose," I will of course be pleased to support your
application to the court in any way that I can.
GL
Gary Lutin
Lutin & Company
575 Madison Avenue, 10th Floor
New York, New York 10022
Tel: 212-605-0335
Email: gl@shareholderforum.com
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