United States District Court, S.D. New York
February 2, 2005.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: 00 Civ. 9168.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
PRETRIAL ORDER NO. 349
(Brown Order to Show Cause Sanctions)
This action was brought in 2000, in part on behalf of the
estate of the late Sue Ann Tedesco. Paragraph 16 of the complaint
alleges in relevant part that:
"Consortium Plaintiff Beth Hyde is the Personal
Representative, Trustee, Executor [sic] of the
Estate of Sue Ann Tedesco . . . [and] brings this
action . . . on behalf of the Estate of Sue Ann
Tedesco . . ."
It is manually signed by Edward H. Gersowitz, Esq., of the New
York Bar and bears also that typewritten name of Zoe B.
Littlepage, Esq., of the Texas Bar (in addition to two
subordinate Texas attorneys). Ms. Littlepage acts as lead counsel
on behalf of many plaintiffs in this MDL.
On a motion for summary judgment decided today, it became clear
that no executor of the estate of Sue Ann Tedesco was appointed
prior to January 27, 2005, at which point an Indiana court
appears to have appointed Charles Tedesco, Sr., to that position.
The purported will, which is dated March 9, 1994 and which thus
antedates the filing of the complaint by about six years, names
Charles Tedesco as executor. The quoted allegations of paragraph
16 of the complaint thus appear to have been false.
In the circumstances, Edward H. Gersowitz and Zoe B. Littlepage
are directed to show cause, on or before February 16, 2004, why
sanctions should not be imposed, pursuant to Fed.R.Civ.P.
11(1)(B), on the ground that the quoted allegations of paragraph
16 lacked evidentiary support, see id. 11(b)(3).
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