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GELB v. AT&T

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


February 25, 1993

HAROLD GELB, Plaintiff,
v.
AMERICAN TELEPHONE & TELEGRAPH COMPANY, ROBERT E. ALLEN, MORRIS TANENBAUM and JOHN DOES I-X, Defendants.

McKENNA

The opinion of the court was delivered by: LAWRENCE M. MCKENNA

MEMORANDUM AND ORDER

McKENNA, D.J.

 Defendants' letter of February 10, 1993 and plaintiff's letter of February 17, 1993 are treated as motions for reargument of the Court's Memorandum of February 8, 1993. Both applications for reargument are denied.

 To the extent that the February 8, 1993 Memorandum can be read to suggest that plaintiff asserted a claim against AT&T under 18 U.S.C. § 1962(c), that reading is incorrect. The Court reads the amended complaint to allege an 18 U.S.C. § 1962(c) claim against the individual defendants (including John Doe defendants) only. The fact that information may be uncovered warranting a claim under 18 U.S.C. § 1962(c) against persons whose names are not known at present (the John Doe defendants) is not ground for permitting that claim to stand while the information is sought. Should facts supporting such a claim appear--and can they be stated with adequate particularity--plaintiff may move to amend. The Court does not consider the amended complaint to plead a claim under 18 U.S.C. § 1962 (c) against Allen and Tanenbarnm with adequate particularity, and "personal awareness of the misleading nature of AT&T's advertising," Letter Feb. 17, 1993 at 1 n.1, on the part of Mr. Allen does not cure this defect.

 Dated: New York, New York

 February 25, 1993

 SO ORDERED.

 LAWRENCE M. McKENNA

 U.S.D.J.

19930225

© 1992-2004 VersusLaw Inc.



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