SES and Intelsat appoint mediator

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Intelsat’s bankruptcy court ordered that a mediator be appointed to try and find more common ground between the disputing pair. That has now happened.

SES and Intelsat informed the court on May 11th that the two litigants met on April 29th and agreed both the appointment and scope of the referees authority. The two parties further conferred by email between April 30th, May 2nd, and May 3rd 2021 in an effort to reach agreement on these issues.

They agreed to appoint the Hon. Steven Gold, a retired judge who served for 28 years as a US judge for the Eastern District of New York, and a member of the Judicial, Arbitration & Mediation Services panel (JAMS). The two litigants will fund Judge Gold’s costs between them.

“The Parties also agree that one purpose of the Referee is to reduce the time, cost, and uncertainty occasioned by litigating this discovery issue before the Court. To that end, the Parties agree that the Referee shall consider the Parties’ respective challenges to documents withheld or redacted on privilege grounds that have been raised by the Parties through April 30th 2021,” said the joint filing to the court.

The past ten days or so have seen the litigants appear and argue their cases in front of Judge Gold.

· “By May 11th 2021, the Referee will render a final, binding decision in writing to the Parties, which shall include a decision as to each and every document or communication on the SES Challenge List.”

· “Intelsat must produce to SES every document that the Referee determines to be non-privileged by May 13th 2021.”

· “By May 14th 2021, the Referee will render a final, binding decision in writing to the Parties, which shall include a decision as to each and every document or communication on the Intelsat Challenge List.”

· SES must produce every document that the Referee determines to be non-privileged by May 17th 2021.


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