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[Fwd: Civil Oy]
- From: George Robinson <GRComm...>
- Subject: [Fwd: Civil Oy]
- Date: Thu 20 Jul 2000 03.24 (GMT)
Khaverim --
Don't know if you've seen this yet but a friend passed it along and I
pass it along for your amusement.
George Robinson
>
> << >> In the heat of litigation, tempers often flare and lawyers sometimes
> >> have difficulty expressing their frustrations. When English fails,
> >> Yiddish may come to the rescue. So it happened that defense attorneys
> >> arguing in a recent summary judgment motion in federal court in Boston
> >> wrote, in a responsive pleading, "It is unfortunate that this Court must
> >> wade through the dreck of plaintiff's original and supplemental
> >> statement of undisputed facts."
> >>
> >> The plaintiff's attorneys, not to be outdone, responded with a motion
> >> that could double as a primer on practical Yiddish for lawyers:
> >>
> >> UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MONICA SANTIAGO,
> >> Plaintiff, v. SHERWIN-WILLIAMS COMPANY, et al. Defendants. ------- Civ.
> >> No. 87-2799-T
> >>
> >> PLAINTIFF'S MOTION TO STRIKE IMPERTINENT AND SCANDALOUS MATTER
> >>
> >> Plaintiff, by her attorneys, hereby moves this Court pursuant to Rule
> >> 12(f) of the Federal Rules of Civil Procedure to strike as impertinent
> >> and scandalous the characterization of her factual submission as "dreck"
> >> on page 11 of Defendant's Rule 56.1 Supplemental Statement of Disputed
> >>
> >> Facts (a copy of which is attached hereto as Exhibit A). As grounds
> >> therefore, plaintiff states:
> >>
> >> 1. For almost four years now, plaintiff and her attorneys have been
> >> subjected to the constant kvetching by defendants' counsel, who have
> >> made a big tsimmes about the quantity and quality of plaintiff's
> >> responses to discovery requests. This has been the source of much tsoris
> >> among plaintiff's counsel and a big megillah for the Court.
> >>
> >> 2. Now that plaintiff's counsel has, after much time and effort,
> >> provided defendants with a specific and comprehensive statement of
> >> plaintiff's claims and the factual basis thereof, defendants' counsel
> >> have the chutzpah to call it "dreck" and to urge the Court to ignore it.
> >>
> >> 3. Plaintiff moves that this language be stricken for several reasons.
> >> First, we think it is impertinent to refer to the work of a fellow
> >> member of the bar of this Court with the Yiddish term "dreck" as it
> >> would be to use "the sibilant four-letter English word for excrement."
> >> Rosten, The Joys of Yiddish (Simon & Schuster, New York, NY 1968) p.
> >> 103. Second, defendants are in no position to deprecate plaintiff's
> >> counsel in view of the chozzerai which they have filed over the course
> >> of this litigation. Finally, since not all of plaintiff's lawyers are
> >> yeshiva bochurs, defendants should not have assumed that they would all be
> >> conversant in Yiddish.
> >>
> >> WHEREFORE, plaintiff prays that the Court put an end to the mishegoss
> >> and strike "dreck."
>
> -- 30 --.
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- [Fwd: Civil Oy],
George Robinson