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In Sprint Trial To Assert DISH Info Confidential Steptoe Lawyer Bigfoots In On Sunday

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Dec 15 – After more states lining up against the proposed T-Mobile / Sprint merger, on which a two week trial to begin December 9 before U.S. District Court for the Southern District of New York Judge Victor Marrero. Inner City Press began what will be a trial-long live-tweet, here. Day II morning here. More on Patreon here. Day III here. More D3 on Patreon here. Day IV here. More D4 on Patreon here. Day V here. More on D5 on Patreon here.

  This coming week DISH will be on the table. And on Sunday, December 15 it filed a notice of appearance: "PLEASE TAKE NOTICE that the undersigned, Charles Michael of Steptoe & Johnson LLP, who is a member in good standing of the bar of this Court, hereby enters his appearance as counsel of record for non-party DISH Network Corporation (“DISH”) in the above-captioned proceeding. DISH is a Protected Person as defined in the Amended Interim Protective Order dated August 14, 2019 (ECF No. 185), and has received notice of the parties’ intent to introduce material designated by DISH as Confidential Information and Highly Confidential Information at trial in this action. The undersigned seeks to appear solely for the purpose of asserting DISH’s interests in the confidential treatment of such material, and requests that all future filings be served on him at the address below. Dated: December 15, 2019  Respectfully submitted, By:Charles Michael STEPTOE & JOHNSON LLP."

  On December 13, T-Mobile's John Legere was cross-examined and let it all hang out, see below. Next up a more corporate Mike Sievert testified. Inner City Press live-tweeted it, then published it story and tweeted a link to it.

 An hour later a public relations representative emailed Inner City Press requesting a change. Not of the analysis, but to be sure to spell Sievert correctly:

"Hi Matthew – I’m reaching out on behalf of my client in hopes that you can make one minor adjustment to your tweet from 9:12pm ET (pasted below for reference). If you could change “Siebert” to “Sievert” that would be much appreciated. Thank you and please have a great weekend.    
COURTROOM CHRONICLES: In @Sprint Merger Trial @JohnLegere of @TMobile Shows Himself As #SDNY Judge Marrero Asks About Flower Children, Before Low Energy Mike Siebert @SDNYLIVE"

  And who was it, who requested this correction (which Inner City Press did in a reply)?  A Vice President at Abernathy MacGregor,  Strategic Communications Counsel -- representing T-Mobile. "Just spell my [Mike's?] name right?"

Legere's testimony culminated in Judge Victor Marrero asking him if he could remain a flower child or would instead, post merger, join the boys' club. Legere said never - but his successor Mike Sievert then looked very much the boys' club member. How will it cut with Marrero? Here's some of how it went (more on Patreon here)


 Back on December a final pre-trial conference was held. The plaintiff states' lawyer Glenn D. Pomerantz dominated the conference, going through each of the four points in his letter to Judge Merrero and more.

  T-Mobile or Deutsche Telekom's lawyer David I. Gelfan of Cleary Gottlieb wanted more than 50% of the time allotted. Judge Marrero shot that down, saying that to him equitable means cut in half. Judge Marrero largely tried to avoid the disputes, urging the lawyers to settle their conflicts and try their cases.

 Where Judge Marrero drew the line was on timing and exhibits. He still aims at a two week bench trial, saying he's willing to go to six pm to accomplish that. He urged exhibits to be agreed in advance. He said one of the questions will be DISH.  There will be a Comcast witness. Inner City Press is covering the trial. The case is State of New York, et al., v. Deutsche Telekom AG, et al., 19-cv-5434 (Marrero).

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