Here it is
It seems to put to bed the curiously inaccurate reporting by the (at least) three Irish reporters who were in the court room on 19th February 2013. The protective order preventing the Dunnes deposing NAMA CEO Brendan McDonagh remains in place but it is for NAMA to apply to renew the protective orders, if, after the Dunnes depose John Coleman and obtain further information from NAMA, the Dunnes seek to depose Brendan.
So how did Simon Carswell, Richard Downes and Orlaith Farrell all conclude from the court hearing on 19th February that the Dunnes won the right to depose Brendan? Impossible to say – maybe Gayle’s glamorousness bedazzled them all.
The Order above states that NAMA employee John Coleman is to be deposed on 28th March 2013. “Deposing” involves John making a statement on the matter at issue between NAMA and the Dunnes and allowing himself to be quizzed by Sean and Gayle’s lawyers. There is to be some disclosure of what the Americans call the “privilege log” by tomorrow, Tuesday 5th March 2013, and if there are issues on the disclosure, the Dunnes have until next Tuesday week, 12th March 2013 to bring them to the attention of the court.
It is not clear what “motion to strike” NAMA has made, but the judge said that any reply to it by the Dunnes was required last Friday 1st March 2013.
Stepping back from all of this, NAMA is pursuing the Dunnes, particularly Gayle over allegedly improperly benefitting from transfers from Sean and the full hearing is scheduled for September 2014, yes 19 months hence. There is a lot of questioning and disclosure beforehand, together with the Dunnes’ argument that the US courts don’t have jurisdiction over part of the case. From the almost daily filings in the case, it is clear that it is being fought tooth-and-nail by both sides.
UPDATE: 19th March, 2013. It is reported by the Irish Independent today that the Dunnes are seeking five additional documents relating to their failed business plan submission.The judge told them yesterday to try to resolve their differences, failing which she would rule on the documents today. NAMA is seeking to expand its legal representation in the Connecticut, and it has succeeded in having Tom Curran of McCarter and English appointed in the case. Tom is described as an expert in fraudulent transfer. McCarter and English is the main law firm being used by NAMA in this case. As is usual in this case, where both sides seem hell-bent on resisting any move by the other, the Dunnes objected to NAMA’s attempt to expand their legal team but on this occasion the Dunnes were unsuccessful.
NAMA Wine Lake 
I think you are being unfair on the journalists who were there. If you read the transcript you will see the judge made it quite clear that McDonagh would be deposed, but she would allow the protective order to stay in place until Coleman was deposed first. And it was my attorneys who offered to depose Coleman first, and then McDonagh after. If they had pushed to depose McDonagh sooner I believe she would have granted it.
The judge was very expressive regarding her views on our rights to depose McDonagh, indeed she raised her voice at Nama’s attorney when he continued to whine about why McDonagh shouldn’t be deposed. It was this outburst from the judge that would have got the journalists attention, not my “glamour”! Any comments she made about keeping the protective order in place until we apply to depose McDonagh after Coleman were made as an aside, and quietly and briefly. those latter comments would have been easy to miss or misunderstand.
You are missing the real question, which is why are Nama so scared of having McDonagh deposed? And why are rather flashy nama sources trying to convince you that they scored a victory in having the protective order still in place, and that the journalists there got it wrong, when they know well that was not the upshot of the days events? If I was McDonagh I would be worried, after all he has sworn an affidavit stating he knows nothing about this case, and that is so unlikely to be true his affidavit is beginning to get a whiff of perjury about it.
@Gayle we are at a bit of a disadvantage in not having a copy off the transcript…as soon as its publicly available I’m sure NWL will post it.
Regarding,Brendan and being worried its a zero sum game for him,has ‘play’ money to spend on any amount of lawyers,no skin in the game for him.
Whats he got to lose,its not like he will be held accountable in the event of NAMA not prevailing.The can ‘money whip’ this situation or just keep trowing money at this until settlement or victory/loss.
Heads he wins tails he wins….in the court of public opinion he’s a winner…given the dreadful financial condition of the Irish media the allocation of resources here appears a little disproportionate.
Middle of March and still 1cm snow/hr here today…snowjob http://www.merriam-webster.com/dictionary/snow%20job