The Court Has Ordered Oral Argument For July 28th In The Chrysler Dealers’ Appeal.

Judge Alvin K. Hellerstein has ordered oral argument in the Southern District of New York for July 28, 2010 at 12:30 PM.

Upon filing the appeal, Steve Pidgeon and I made a decision not to request oral argument and rather to rely on the briefs.   We felt that if, after reading the briefs, the Court had serious questions, then the Court would call us in for oral argument and we are pleased this has happened since our clients will now have their day in court.

Please understand that nothing concerning the eventual outcome should be read into the Court’s order for oral argument.  We are simply pleased that we will now have a chance to explain our position to the Judge and to answer his questions to the best of our ability.

Many times the attorneys will request oral argument, but it’s always more relevant if the Court initiates the process.  This usually means the Court has specific questions in mind.

Old Chrysler’s attorneys – Jones Day – also did not request oral argument, but we do note that just after the briefs were filed,  they added four pro hac vice attorneys to the case including the lead trial counsel from the underlying bankruptcy.

It appears Jones Day may have expanded their roster here with an expectation that the Court might call for an evidentiary hearing with witnesses involved which can happen when fraud on the court has been alleged as we have done on behalf of our clients here.  But the July 28th oral argument is not such a hearing.  There will be no witnesses and the Court will mainly focus on points of law and facts already in the record of the case.  No new facts will emerge unless there is a future hearing.

I believe the oral argument will be open to the public, but contact the Court for details.

Leo Donofrio for the law firm of Pidgeon & Donofrio GP.

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