- 11 -
was unable to bring action immediately and claim concerned events
and transactions which had taken place many years earlier).
In sum, the application shows that there is a reasonable
expectation that the applicants will be adversaries in an action
cognizable in the Court and there is a significant risk that
critical testimony may be lost over the next several years
because of Messrs. Girolami’s and Jack’s advanced ages.
Consistent with the preceding discussion, and with the intention
of preventing a failure of justice in this matter, we will grant
the applicants’ Joint Application to Perpetuate Testimony Before
Commencement of a Case, with appropriate terms and conditions to
be set forth in our order. Insofar as the applicants request
that we include a discovery schedule in our order, we deny the
request.
To reflect the foregoing,
An order will be issued
granting the applicants’ Joint
Application to Perpetuate
Testimony Before Commencement
of a Case.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011