S.D. New York· 8/2/2005
In re Allegretti
Citations
- 229 F.R.D. 93
- 62 Fed. R. Serv. 3d 569
- 2005 U.S. Dist. LEXIS 15885
- 2005 WL 1804912
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that petitioners seeking discovery under Rule 27 must (1) “furnish a focused explanation of what they anticipate any testimony would demonstrate”; (2
- observing that Rule 27(a) “cannot be used to discover evidence for the purpose of filing a complaint”
- pronouncing that Rule 27 testimony cannot be used for the purpose of filing a complaint
- citing, inter alia, Ash v. Cort, 512. F2d 909, 912 (3d Cir. 1975) (“Rule 27 is not a substitute for discovery. It is available in special circumstances to preserve testimony which could otherwise be lost.”)
- A petitioner “must make an objective showing that without a Rule 27 hearing, known testimony would otherwise be lost, concealed or destroyed.”
- “Such testimony cannot be used to discover evidence for the purpose of filing a complaint.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Haight
Read full opinion on CourtListenerCited by
4 cases in this archive cite this case.
- United States Fidelity & Guaranty Insurance Co. v. Hartson-Kennedy Cabinet Top Co.Indiana Court of Appeals· 2006-12-08· cited 14×
- In re Yamaha Motor Corp., U.S.A.N.D. New York· 2008-07-07· cited 5×
- Ganz U.S.A., LLC v. United StatesCourt of International Trade· 2016-11-15
- In the Matter of the Petition of the Benton County Water Conservancy Bd. to Perpetuate TestimonyCourt of Appeals of Washington· 2023-06-06
Cites
10 cases in this archive are cited by this case.
- Richard A. Ash, on Behalf of Himself, and on Behalf of Bethelehem Steel Corporation v. Stewart S. Cort, and Bethlehem Steel Corporation, NominalThird Circuit· 1975-02-26· cited 86×
- Mosseller v. United StatesSecond Circuit· 1946-11-27· cited 51×
- In re BolandDistrict of Columbia· 1978-08-21· cited 25×
- State of Nevada v. Hazel R. O'leary, Secretary of EnergyNinth Circuit· 1995-08-25· cited 24×
- Texaco, Inc. v. BordaThird Circuit· 1967-07-17· cited 21×
- In re CheckoskyDistrict of Columbia· 1992-04-21· cited 20×
- In Re Gurnsey's PetitionDistrict of Columbia· 1963-10-31· cited 18×
- In the Matter of Isaac Sims, Jr., in the Matter of Richard AbramsFifth Circuit· 1967-09-28· cited 16×
- In re North CarolinaS.D. New York· 1975-09-04· cited 12×
- In re Alpha Industries, Inc.S.D. New York· 1995-01-19· cited 8×
Other cases named In re Allegretti
1 other CourtListener record shares this case name.
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