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CROCKETT & MYERS v. NAPIER, FITZGERALD & KIRBY

No. CV-S-05-0877PMP(PAL).

401 F.Supp.2d 1120 (2005)

CROCKETT & MYERS, LTD., a Nevada Corporation, and J.R. Crockett, Jr., Esq., an individual, Plaintiffs, v. NAPIER, FITZGERALD & KIRBY, LLP, a New York limited liability law partnership, and Brian P. Fitzgerald, Esq., an individual, Defendants. Napier, Fitzgerald & Kirby, LLP, a New York limited liability law partnership, and Brian P. Fitzgerald, Esq., an individual, Counterclaimants, v. Crockett & Myers, Ltd., a Nevada Corporation, and J.R. Crockett, Jr., Esq., an individual, Counterdefendants.

United States District Court, D. Nevada.

November 23, 2005.

Attorney(s) appearing for the Case

Samuel S. Lionel, Lionel, Sawyer & Collins, Las Vegas, NV, for Crockett & Myers, Ltd., J.R. Crockett, Jr., Plaintiffs.

Mark A. Hutchison, Hutchison & Steffen, Scott A Flinders, Hutchison & Steffen, Las Vegas, NV, for Brian P. Fitzgerald, Napier, Fitzgerald & Kirby, LLP, Defendants.

ORDER

PRO, Chief Judge.

On January 15, 2001, Michael Nostro died while undergoing a CT scan-guided needle biopsy in Nevada. On or about June 5, 2001, Michael Nostro's wife, Wende Nostro retained Brian P. Fitzgerald, Esq., to investigate the death of her husband in Nevada and to determine whether a viable medical malpractice claim existed. Mr. Fitzgerald is an attorney licensed to practice law in the State of New York and a member of Napier Fitzgerald...

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