SES continues with its legal onslaught on Intelsat and a $1.8 billion claim for a greater share of the FCC’s $9.7 million incentive payments, and for punitive damages to be levied by the bankruptcy court on Intelsat.
Following on from the formal request for Summary Judgement in its case against Intelsat, SES has issued a 130-page set of supporting document to the court, with page upon page of exhibits and transcripts (all filed to the court under seal) to support its claim.
But the document also asks the court to instruct Intelsat to release text messages from its Executive Vice President, General Counsel and Chief Administrative Officer, Michelle Bryan. SES says that both parties recognise that Bryan is one of the most “critical witnesses” in the case “including with respect to Intelsat’s brazen and bad faith decision to renege on its contractual and fiduciary obligations to SES in an attempt to steal $450 million from SES.”
SES alleges that Bryan used text messages to communicate with other executives and Intelsat Board members about issues central to this case. “Despite those admissions, Intelsat refuses to produce Ms. Bryan’s text messages on the dubious basis that reviewing and producing such text messages would be too burdensome for Intelsat.”
SES describes Intelsat’s position as untenable.
SES points out to the court that its Requests for Production upon Intelsat included instant messages, text messages, and Social Media posts, including emails.