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Pensionsversicherungsanstalt v. Estate of Eisinger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


November 20, 2009

PENSIONSVERSICHERUNGSANSTALT PLAINTIFF,
v.
THE ESTATE OF ROSE EISINGER, SONJA ROSENBAUM, INDIVIDUALLY AND AS DISTRIBUTEE OF THE ESTATE OF ALPHONS ROSENBAUM, GLADYS ROBINSON, AND PHILLIP L. GREENBLATT DEFENDANTS.

The opinion of the court was delivered by: Block, Senior District Judge

MEMORANDUM AND ORDER

At oral argument on September 18, 2009, plaintiff requested that "discovery [be] opened for the purposes of getting [the checks here at issue from Bank Austria,]" Hr'g Tr. 13:6-7; the Court granted plaintiff's request. By letter of October 30, 2009, plaintiff informed the Court that it had obtained copies of the checks and sought leave to conduct additional discovery of the banks in which the checks were deposited. Defendants Rosenbaum and Greenblatt oppose the request.

Plaintiff represented to the Court that obtaining copies of the check from Bank Austria "is all [it is] asking for." Tr. 13:15. The Court holds plaintiff to its representation and declines to modify its Order of September 18, 2009, and reopen discovery. See Petrosino v. Bell Atlantic, 385 F.3d 210, 232 (2d Cir. 2004) (It is within the "sound discretion of the district court whether to grant further discovery.").

Should the parties wish to proceed with motions for summary judgment, such motions must be made within 30 days of the issuance of this Order and in accordance with the Court's rules and procedures. If no such motion is made, the Court will set the matter down for trial.

SO ORDERED.

FREDERIC BLOCK Senior United States District Judge

20091120

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