- 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