Katz et al

Filing 86

ORDER denying 84 Motion to Excuse Elena Katz. So Ordered by Judge Joseph N. Laplante. (jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Elena Katz, et al.
v.

Civil No. 10-cv-410-JL

Brian McVeigh, et al.
O R D E R
The plaintiff’s motion to excuse Elena Katz (document no.
84) is DENIED.

As the plaintiffs have not withdrawn their

request to have Elena Katz appointed as Next Friend, her presence
at the hearing is necessary and appropriate.

Additionally, even

if the request pertaining to Katz had been withdrawn, one or more
parties may wish to call Katz as a witness.

Further, the motion

contains numerous factual assertions, none of which are supported
by affidavit as required by the Local Rule 7.1(a)(2).

Finally,

this request was made after the close of business on a Friday
before a Monday hearing, which is inappropriate under these
circumstances.

Counsel are free to work out some sort of

accommodation or stipulated continuance if Eleanora's well being
is truly implicated by Katz's presence, but the motion is denied.

SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated:

August 22, 2011

cc:

Francis J. McDonough, Jr., Esq.
Louis A. Piccone, Esq.
Rebecca L. Woodard, Esq.
Nancy J. Smith, Esq.
Brian J.S. Cullen, Esq.
Charles P. Bauer, Esq.
Corey M. Belobrow, Esq.
W. Daniel Deane, Esq.
Evan C. Ouellette, Esq.
Raquel J. Webster, Esq.
Lisa M. Lee, Esq.
Adam B. Pignatelli, Esq.
Michael A. Pignatelli, Esq.

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