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IN RE APPLICATION OF DEBBIE GUSHLAK PURSUANT TO 28 U.S.C. § 1782

No. 11-MC-218 (NGG).

IN RE APPLICATION OF DEBBIE GUSHLAK PURSUANT TO 28 U.S.C. § 1782 FOR THE TAKING OF DISCOVERY FOR USE IN A FOREIGN PROCEEDING.

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

July 2, 2012.

Attorney(s) appearing for the Case

Debbie Gushlak, In Re, represented by Gerald B. Lefcourt & Sheryl E. Reich , Gerald B.Lefcourt P.C..

Myron L. Gushlak, Defendant, represented by Alan S. Futerfas , Law Offices of Alan S. Futerfas Esq., Brian Rosner , Rosner & Napierala, LLP & Natalie Napierala , Rosner Moscow & Napierala, LLP.

Warden Duke Terrell, Defendant, represented by Layaliza K. Soloveichik , United States Attorneys Office.

David Lubin, Material Witness, represented by Anastasios Tonorezos , Wilson, Elser, Moskowitz, Edelman & Dicker LLP.

Yelena Furman, Objector, represented by Maurice H. Sercarz , Sercarz & Riopelle, Alan S. Futerfas , Law Offices of Alan S. Futerfas Esq., Brian Rosner , Rosner & Napierala, LLP & Natalie Napierala , Rosner Moscow & Napierala, LLP.

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

The court is in receipt of Attorney Alan S. Futerfas's response to its order to show cause why Futerfas should not be sanctioned under Rule 11 of the Federal Rules of Civil Procedure for presenting a frivolous legal argument to the court. (Docket Entry # 98.) Because the court finds, based on the totality of the circumstances in this case, that Futerfas raised this argument in subjective bad faith...

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