GALLAGHER v. DONALD

No. 92 Civ. 1371 (VLB).

803 F.Supp. 899 (1992)

Christopher F. GALLAGHER, International Marine Investors and Management Corporation and Applejack Farm, Inc., Plaintiffs, v. Norman H. DONALD, III, Charles W. Flynn and Stephen J. Deraddo, Defendants.

United States District Court, S.D. New York.

October 15, 1992.


Attorney(s) appearing for the Case

Kenneth G. Goberts, Ober, Kaler, Grimes & Shriver, New York City, for plaintiffs.

James C. McMillan, Werbel, McMillan & Carnelutti, Charles W. Flynn, Schaeffer & Zapson, New York City, John R. Bartels, Jr., Bartels & Feuereisen, White Plains, N.Y., Stephen Deraddo, Healy & Baillie, New York City, for defendants.


MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

Plaintiffs moved, initially by ex parte order to show cause with the conceded purpose of blocking then-pending discovery, to remand this litigation involving common law fraud, securities, and RICO claims.

The motion to remand is based on (a) asserted defectiveness and untimeliness of the notice of removal, including late consent of one defendant, and (b) nonremovability of...

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