BYRNE v. NEZHAT

No. 99-12623.

261 F.3d 1075 (2001)

Michael T. BYRNE, Movant-Appellant, Debra Manov, Plaintiff-Appellant, v. Camran NEZHAT, M.D., Farr Nezhat, M.D., et. al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 14, 2001.


Attorney(s) appearing for the Case

Ezra B. Jones, III, McGuire Woods, LLP, McGuire Woods, Stephen D. Peterson, Roberts Isaf & Summers, P.C., Atlanta, GA, Michael Keith Mixson, Dickinson & Mixson, P.C., Monroe, GA, for Byrne and Manov.

Susan Valente Sommers, Goldner, Sommers, Scrudder & Bass, William J. Cobb, David F. Walbert, Walbert & Mathis, Atlanta, GA, Henry D. Green, Jr., Green & Johnson, Marietta, GA, for Defendants-Appellees.

Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.


TJOFLAT, Circuit Judge:

Stripped to its essentials, this is a simple medical malpractice case. It was brought, however, as a multi-count RICO prosecution. Suspecting that the claims in the complaint lacked factual bases, the district court took an unusual step and granted the defendants leave to conduct discovery for the purpose of determining whether plaintiff's counsel had violated Rule 11 of the Federal Rules of Civil Procedure. The discovery was to determine whether...

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