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Scrubbed - Chrysler Dealer Rejection Order removed from public internet (Donofrio update)
Examiner.com ^ | 3-3-2010 | Dianna Cotter

Posted on 03/03/2010 7:40:03 PM PST by Danae

For those who follow the blog-o-sphere, there is an all too familiar and disturbing pattern, that many have run into at one time or another. That phenomenon is known as "scrubbing". Information, news stories, web pages, photos and other forms of information simply disappear off the Internet. Scrubbing is a tool used by those who have some interest in hiding information. Sometimes its obviously missing in the form of a broken link. In others, whole sections of archived information can't be found. Indexes referring to chapters remain intact, but the sections it refers to are simply gone.

Today we have yet another example, this time out of the Judicial System where charges of Judicial Fraud have been made. The docket which contains the decision where this fraud was committed has gone missing off of the public website where all of the court documents were made public along with 6500 other search-able documents.

That site is Kurtzman Carson Consultants LLC, and the missing Docket is number 4145 - the Dealer Rejection Opinion which stripped 789 Chrysler dealers of their contracts and businesses. It is the docket where the Honorable Judge Gonzalez, in the form of a footnote, inserted testimony from a Fiat executive which does not exist in official court transcripts, justifying stripping the dealers of their contracts. Docket 4144 is available as is docket 4146. What you do find of docket 4145 is completely blank where it should contain at least 11 pages.

(Excerpt) Read more at examiner.com ...


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: automakers; bankruptcy; certifigate; chrysler; donofrio; scrubbed
More at the link
1 posted on 03/03/2010 7:40:03 PM PST by Danae
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To: little jeremiah; STARWISE; rxsid; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; ...

Ping. Or maybe its pong... there sure is some back and forth in this story. I guess the Chrysler attorneys backed off their slander of Leo.


2 posted on 03/03/2010 7:41:33 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: BP2; Fred Nerks; Velveeta; DJ MacWoW; seekthetruth; Red Steel; little jeremiah

~~The scrubbing continues .. PING!


3 posted on 03/03/2010 7:47:49 PM PST by STARWISE (They (LIBS-STILL) think of this WOT as Bush's war, not America's war- Richard Miniter)
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To: Danae

By Summer we will be in a full march toward totalitarianism


4 posted on 03/03/2010 7:49:25 PM PST by Outlaw Woman (If you remove the first Amendment, we'll be forced to move on to the next one.)
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To: Danae

The Commissar Vanishes.


5 posted on 03/03/2010 7:51:58 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: STARWISE

Always good to save Internet pages that could disappear into the aether.


6 posted on 03/03/2010 7:53:12 PM PST by Red Steel
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To: Danae

look it up in PACER.


7 posted on 03/03/2010 7:54:13 PM PST by tarpit
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To: tarpit

That’s not available to the public.


8 posted on 03/03/2010 7:57:06 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Danae

sure it is. sign up. it is extremely inexpensive. i used to have an account but lapsed it when i moved.


9 posted on 03/03/2010 7:59:21 PM PST by tarpit
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To: Danae

I don’t know much about the internet, but there is a wayback machine website that has copies of web pages cached from... wayback! It’s handy for retrieving stuff, maybe it got crawled at one time.


10 posted on 03/03/2010 8:06:23 PM PST by Freedom4US
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To: Danae
I just signed up (again) and found it on PACER. Are these the footnotes you are looking for?

17 The Fiat executive, Alfredo Altavilla (“Altavilla”), who testified at the Sale Hearing (as defined in Chrysler, 405 B.R. 84) testified that Fiat did not participate in the selection of individual dealers for rejection but that it was made aware of and agreed with the Debtors’ selection methodology and criteria. Altavilla further testified that New Chrysler would have used the same methodology because the Debtors used the same methodology as Fiat used in Europe for restructuring their dealership network.

18 Altavilla testified that it did not make a material difference whether the restructuring of the dealership network occurred before or after the closing of the Fiat Transaction. However, as discussed infra fn.19, 20 and accompanying text, the debtor-in-possession budget anticipated a 25% reduction in the number of dealerships as of June 9, 2009. The Debtors accordingly exercised their business judgment within the constraints imposed by the debtor-in-possession judgment.

19 The Court notes that it is immaterial that the debtor-in-possession lender also provided financing for the Fiat Transaction. The Court approved the debtor-in-possession budget, and the Debtors were obligated to stay within its constraints. The Court further notes that the Debtors developed a program to assist in the repurchase and reallocation of the Affected Dealers’ inventory in a manner designed to maximize the value achieved by the Affected Dealers. This program has been partially subsidized by the Debtors, and on June 9, 2009, the Debtors’ counsel represented that as of that date 97% of Affected Dealers were participating in the program.

21 Altavilla testified that although Fiat did not indicate the size of the restructuring of the dealership network, the number of dealers involved in the restructuring came out of the application of the Debtors’ selection methodology. Altavilla also responded affirmatively to a question regarding whether a dealership network needed to be restructured for the Fiat Transaction to close, stating that a “restructuring needs to occur.”

11 posted on 03/03/2010 8:22:20 PM PST by tarpit
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To: holdonnow; Bahbah; HonestConservative; sneakers; rush; Hannity; mware; cleveland gop

ping


12 posted on 03/03/2010 9:33:02 PM PST by AliVeritas (Pray, Pray, Pray.)
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To: tarpit

17 and 21. I have the whole file, but a regular joe looking would likely not know about PACER.


13 posted on 03/03/2010 10:02:55 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Freedom4US

I know.

Whats interesting here is the fact that someone sees the scrub as needing to be done....


14 posted on 03/03/2010 10:03:45 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Danae

The public should be cautious in assuming the validity of “legal” documents until they can be verified as there is no moral, civic, or other duty for a website other than PACER to host the material in an unaltered fashion.


15 posted on 03/04/2010 5:42:37 AM PST by tarpit
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To: Danae

bump


16 posted on 03/04/2010 5:55:33 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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