| NY Wheel Case Rolls On In
SDNY On Waiving Privilege To Defend False
Diversity Claim
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Jan 6 – A Federal lawsuit
filed in 2017 about a tourist
attraction on the Staten
Island waterfront, which has
seen 300 docket entries since,
has now fallen apart due to
lack of diversity.
On October 28 U.S. District
Court for the Southern
District of New York Judge
Jesse M. Furman, clearly
irritated, held a proceeding.
Inner City Press covered
it.
Judge
Furman acknowledged
frustration at the time his
staff and he have put into the
case.
There was talk of
sanctions for not earlier
disclosing the lack of
diversity (Judge Furman
expressed thanks for its
disclose, how ever belated).
He
had presaged the proceeding
with a wry docket entry, that
"motion practice will indeed
be necessary to sort out the
implications of the
unfortunate realization that
there is not complete
diversity in this case after
all."
On
January 6, Judge Furman held
another proceeding, and Inner
City Press again covered it.
An issue was whether, to
defend against sanctions for
having incorrectly claimed
diversity jurisdiction,
waiving privilege will be
needed. A request to make the
argument ex parte or in camera
was, all to the good in our
view, not taken up. Inner City
Press aims to continue to
cover this case.
The case is New
York Wheel Owner LLC v.
Mammoet-Starneth LLC,
17-cv-4026 (Furman)
***
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