Judge Weill Order in Eaton v. Frisby sheds some light on the Court’s view of Eaton’s defenses in the Peters mess. The Order states in part:

Neither Frisby nor the Court has ever disputed that Ed Peters’ name appeared in an e-mail or two involving counsel for all parties (out of thousands) concerning the case. The emphasis, however, has been on the secrecy surrounding Peters’ successful attempts to curry favor with DeLaughter on behalf of Eaton, without entering an appearance in the case and without ever appearing as counsel of record. Eaton cannot dispute that Frisby had no knowledge of Peters’ communications with DeLaughter. In fact, Eaton originally claimed that it do not know that Peters was communicating with DeLaughter, until documents showed otherwise. Eaton also cannot dispute that various e-mails have been discovered that indicate that Eaton had serious concerns about the ‘other side’ finding out about Peters’ involvement.

Say what you will about Eaton, but they are persistent. No one buys their stories, but they keep trying to sell them.

In other Eaton v. Frisby news, Alison Grant reports that Eaton CEO Sandy Cutler will be deposed on Friday in Cleveland. Eaton unsuccessfully tried to block Cutler’s deposition. Cutler will, no doubt, take the civil action version of the 5th and claim he didn’t know anything about what was going on.

If I’m Cutler’s personal lawyer, I’m advising him to get this case settled before the deposition. There will still be an Eaton Corp. when this case is over. Whether Cutler will still be CEO remains to be seen. Cutler exposing himself in a deposition is whistling past the graveyard.

Maybe there is simply no way to settle the case before the deposition before Friday. Or maybe Cutler is just stupid.