IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
April 11, 2001
ERIC V. THOMAS, D.M.D., INDIVIDUALLY, AS ADMINISTRATOR, AND ADMINISTRATOR AD PROSEQUEN-DUM OF THE ESTATE OF TRACY ROSE THOMAS, AND AS PARENT AND NATURAL GUARDIAN OF ALIX THOMAS, PLAINTIFF,
FORD MOTOR COMPANY AND TRW, INC., DEFENDANTS.
The opinion of the court was delivered by: Hon. Stephen M. Orlofsky
This matter having come before the Court on the Appeal of Defendant, Ford Motor Company, and the Cross-Appeal of Plaintiff, Eric V. Thomas, D.M.D., of the August 31, 2000 Opinion and Order of Magistrate Judge Joel B. Rosen, Thomas E. Mellon, Jr., Esq. and Elliot Alan Kolodny, Esq. of Mellon, Webster & Mellon and Carl D. Poplar, Esq. of Poplar & Eastlack, and James H. Pickering, Jr., Esq. appearing on behalf of Plaintiff, Eric V. Thomas, D.M.D., and William J. Conroy, Esq. of Cabaniss, Conroy & McDonald, LLP, Floyd Abrams, Esq. and Susan Buckley, Esq. of Cahill Gordon & Reindel and Glenn Alan Zeitz, Esq., appearing on behalf of Defendant, Ford Motor Company, and Robert J. Hafner, Esq. of Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, appearing on behalf of Defendant TRW, Inc.; and,
The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;
IT IS, on this 11th day of April, 2001, hereby ORDERED that Magistrate Judge Rosen's Opinion and Order of August 31, 2000 is AFFIRMED IN PART and REVERSED IN PART as follows:
(1) Magistrate Judge Rosen's Opinion denying Thomas's motion for leave to amend to assert a claim under 42 U.S.C. § 1985(2) is AFFIRMED, and;
(2) Magistrate Judge Rosen's Opinion granting Thomas leave to amend to assert claims of defamation and intentional infliction of emotional distress, and for punitive damages stemming from such claims, is REVERSED.
STEPHEN M. ORLOFSKY United States District Judge
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