doni, I think that is some excellent insight and you may just be right.

When I read the denial, I was pleased with the judge's decision since this potential settlement didn't sound like it would be to EDIG/DM's advantage. I then double-checked to see if this was a joint motion or just a motion by Summit. As you stated, it was joint.

What I hadn't considered was the possibility that DM could have gone along knowing that it could well be denied. Obviously we don't know the particulars, but Summit appeared to be trying to cover its bet.

Again the question is whether DM is going to allow such maneuvering by others or use such attempted tactics to apply even more pressure?

Time is going to pass very quickly between now and 1/28/11. We may yet be in for a few (nice) surprises before the end of the year.

- Sinkman