MarkS: We're both out of our element in terms of expertise in securities law, and that can be risky when we don't know what we don't know, but your current post, it seems to me, really goes to Judge Noreika's judicial temperament rather than securities law as such. That, unfortunately, is another subject about which I have no expertise. However, if she is as offended by 13D's absurdly premature candidate solicitation as I would be, if I were in her shoes, I could see her imposing the sanctions you suggest.. The ex parte motion you reference would, of course, be a motion for a temporary restraining order to prohibit any 13D candidate solicitation, pending her eventual ruling on the cross motions for preliminary injunctions.

By the way, thank you so much for all the posts you have authored keeping all of us abreast of the ongoing filings by the parties with the clerk of court. It was through one of your posts this morning that I learned that the issuance of the briefing schedule on the pi motions was imminent. Great job by you throughout this 13D mess.