Opinion
C.A. No.: 00C-08-184-JOH
Decided: December 6, 2000
Motion for Reargument — DENIED.
Counsel:
On December 1st, in the absence of my secretary, Judge Babiarz's secretary called you to indicate that I was denying the motion for reargument and allowing the limited discovery to proceed. I did that because of the request by Mr. Lukoff in his letter of November 30th to "expeditiously" decide the motion for reargument in light of the discovery schedule. While it can always be tricky for an attorney to ask a Court to decide a case quickly, I did appreciate learning from Mr. Lukoff of the events which prompted the need to make a quick decision.
This letter, therefore, is my decision on the motion for reargument. I have re-examined the original motion and attached papers, the plaintiffs response, as well as the motion for reargument and response to it. I was aware from the original papers of the possible relationship between American OBGYN, Inc. and defendant Spectrascan. That relationship, however, was stated "only" in an affidavit. I felt at the time of oral argument on November 22nd that the plaintiff is entitled to limited discovery to determine precisely what is that relationship. I see no reason to change that view at this point. I have not decided this case based on the agreement of guaranty Mr. Lukoff provided in his response to the motion for reargument. The role of that document, if any, at this stage is possibly to be decided at a later date.
Accordingly, the motion for reargument is DENIED.