Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

IN RE REZULIN PRODUCTS LIABILITY LITIGATION

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).

  SO ORDERED.

20050202

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.