McIntosh v. Superior Bulk Logistics, Inc. et al
||Richard E. Johnson and Superior Bulk Logistics, Inc.
||July 9, 2010
||US District Court for the Eastern District of New York
||Jack B. Weinstein
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332 Diversity-Notice of Removal
|Jury Demanded By:
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|February 23, 2012
ORDER denying 34 Motion for Summary Judgment: A critical witness is treating physician Dr. Denny Rodriguez. His records should have been produced by plaintiff and made available to defendants by the close of discovery on August 31, 2011. To per mit a sound decision on the merits, discovery is reopened so that Dr. Rodriguez's deposition can be promptly taken at plaintiff's expense, including cost of the transcript. The motion for summary judgment is denied, but should be promptly renewed by defendants on the present papers, as supplemented by additional information obtained as a result of Dr. Rodriguez's deposition. Ordered by Senior Judge Jack B. Weinstein, on 2/22/2012. (Barrett, C)
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