Opinion
00 Civ. 7422 (LAK)
April 18, 2002
ORDER
The Court is in receipt of voluminous letters and submissions from counsel for the Verity defendants and the Commission in which the former object vociferously to the form of the Commission's Rule 56.1 Statement and the Commission as vociferously objects to the tone and substance of defendants' communication.
These letters come on the heels of a long series of other letters which demonstrate that counsel are having a good deal of difficulty getting along with one another, that they have different views of how the matter should be litigated and disagree on other matters. The Court, however, is not the appropriate receptacle for their discontent, assuming that it has to be expressed anywhere. Further, the Court sees no legitimate objection to the Commission's Rule 56.1 Statement. If it has included factual assertions that are material and as to which there are genuine issues of fact, then its motion will be denied in whole or in part. If it has included assertions that are not material, the matter comes under the heading of "no harm, no foul."
Rule 7(b) provides that "[a]n application to the court for an order shall be by motion . . ." Counsel shall comply with it. The letter writing is to stop now.
SO ORDERED.