Frank - I'm going to try and do a better job at being nice to you because you need some help.
Where do you get that the ERV is in the court docket? I can share that IH has no obligation to put it there. In fact, it is not even marked as a confidential document by Penon / Rossi which is interesting in and of itself.
If a jury seating becomes necessary, many matters in this litigation will be decided long before a jury is even contemplated.