EFTA01363306.pdf

Page 20 748 F.2d 602, *; 1984 U.S. App. LEXIS 15990, **; 1984-2 Trade Cas. (CCH) P66,311; 40 Fed. R. Serv. 2d (Callaghan) 954 [HN11] The decision whether to allow substitution is discretionary. Collateral Control Corp. v. Deal (In re Covington Grain Co.), 638 F.2d 1357, 1360 (5th Cir. Unit B 1981); Prop-Jets, Inc. v. Chandler, 575 F.2d 1322, 1324 (10th Cir.1978); Fontana v. United Bonding Insurance Co., 468 F.2d 168, 170 (3d Cir.1972). In this case, the district court refused substitution because Patterson's participation had been and would continue to be highly disruptive of the orderly administration of the litigation. We find no abuse of discretion. V. For the reasons we have stated, the district court's summary judgment in favor of the r*25] defendants and against SAFFCO is VACATED, and the case is REMANDED for further proceedings on SAFFCO's antitrust claims against the defendants. In all other respects, the district court is AFFIRMED. *** THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY*** Copyright © 2015 CourtLink Corporation UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK (Central Islip) Kahn V. Bmw Of North America, LIc PLAINTIFF: Richard Kahn DEFENDANT: BMW of North America, LLC DOCKET CASE NUMBER: 2:14cv2463 FILING DATE: 4/17/2014 JURISDICTION: Diversity JUDGE: Arthur D. Spatt REFERRED TO: Magistrate Judge Anne Y. Shields NATURE OF SUIT: 370 Fraud FILING TYPE: Civil - Class Action CAUSE: Diversity-Fraud28 USC 1332 For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0053260 CONFIDENTIAL SDNY_GM_00199444 EFTA01363306