| Fending Off Greenlight
Capital Bid for Summary Judgment
James Fishback Is In ECF
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Aug 8 - The stock of an
ostensibly high profile
lawsuit, Greenlight Capital
versus James Fishback,
certainly fell fast.
On Monday
afternoon when Fishback moved
to dismiss his lawyer and
represent himself, the only
person much less media in the
courtroom gallery was Inner
City Press.
Initially,
Fishback himself was not
there, drawing a rebuke from
U.S. District Court for the
Southern District of New York
Judge Paul A. Engelmayer.
He told
Fishback is he seeks to
represent himself he cannot be
late, even if he blames it on
his mode of
transportation.
Then Judge Engelmayer asked
Fishback if he knew what Rule
56 of the Federal Rules of
Civil Procedure is. Fishback
answered quickly but
incorrectly.
Are you
just winging it? Judge
Engelmayer asked. Fishback
apologized. The judge said he
will enter an order allowing
Fishback to represent himself
after discovery is completed
and Fishback signs up for
electronic service of papers
on the ECF system.
There are,
Greenlight's lawyer said, nine
outstanding discovery items.
He previewed a motion to
dismiss, that Fishback took
with him an IRR and another
report. Fishback said the IRR
was merely the record of how
much he was paid, and the
other report he had access to
as a third party consultant.
Looming over the case, in the
first paragraph of the
complaint, is Greenlight's
co-founder David Einhorn. DC
politics also made the case
high-profile, at least
earlier. And now?
On July 21
Fishback consented to
ECF. On August 8,
Greenlight's counsel filed a
pre-motion letter saying it is
entitled to summary judgment.
There is an September
conference. Inner City
Press will stay on the
case.
More on X for
Subscribers here
and Substack here
The case is
Greenlight Capital, Inc., et
al. v. Fishback, 1:24-cv-4832
(Engelmayer)
***
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