GreenShift 10 Jan Filing

Here is your latest GreenShift filing for 10 January 2011.

"Defendants’ central thesis is that they have every intention of coordinating discovery but apparently would prefer not to commit to doing so. CleanTech is consequently left at the mercy of each Defendant’s independent decision on whether they agree to consolidate discovery for any particular issue. In order to realize the efficiencies of the MDL process, there must be some clearly defined limitations on discovery."
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"CleanTech respectfully submits that Defendants’ partial quote from the MCL misses the point the MCL was making. Read in full, the sentence provides “Committees of counsel can sometimes lead to substantially increased costs, and they should try to avoid unnecessary duplication of efforts and control fees and expenses.” (emphasis added). Thus, this section addresses the behavior of the committee rather than the existence of a committee.

In this case, without an appointed counsel to discuss discovery matters with, CleanTech must contact each attorney separately. Further, the fact that Defendants have worked together thus far does not guarantee that they will continue to as the case progresses. Without a clear organization in place, Defendants are free to unilaterally organize and disorganize throughout the MDL proceeding. These wasteful and duplicative efforts undercut the efficiencies of the MDL and run counter to the policies of MDL in the first place."
SEE HERE

SkunK