Intelsat hits back in 50/50 action with SES
January 28, 2022
Earlier this week, SES requested that Intelsat’s bankruptcy court forbid Intelsat calling James Murray to provide expert evidence as part of the SES vs Intelsat 50/50 claim over the FCC’s C-band incentive payments.
Intelsat has now filed its own Motion, and it pulls no punches. Intelsat’s lawyers in a 2-page objection states bluntly: “If SES’s motions are granted, however, [Intelsat will] object to all testimony offered by SES that was gathered during the confirmation phase of this case […] including the testimony of Ed Kangas, John Diercksen, Michael DeMarco, and Gen. Ellen Palikowski.”
Intelsat’s lawyers continue: “SES never identified any of those individuals as having any relevant knowledge related to SES’s proofs of claim or the Debtors’ objections thereto, and their names are conspicuously absent from SES’s initial disclosures and SES’s responses to Intelsat’s interrogatories. If Intelsat is not permitted to offer evidence at trial because it was elicited during the confirmation process and not earlier identified in the claim’s litigation, all of these designations should be excluded for the same reason.”
The arguments are likely to be heard before Judge Keith Phillips next week on February 2nd, and ahead of the trial scheduled to commence on February 7th.