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Martens v. Thomann

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Argued: February 9, 2001

Appeals from (1) an order of the United States District Court for the Southern District of New York (Constance Baker Motley, Judge) denying a motion brought by plaintiffs-appellants Walker and Tedesco to enforce a class action settlement agreement; (2) an order revoking the pro hac vice admission of appellants Spriggs and Davis and imposing sanctions on them; and (3) a judgment dismissing, for lack of prosecution, individual claims brought by plaintiffs-appellants Martens and Mione. The order denying the motion to enforce is vacated for failure to state adequately the reasons for the denial; the order revoking counsels’ pro hac vice status is vacated for failure to afford sufficient notice and opportunity to be heard; and the judgment dismissing for lack of prosecution is vacated as exceeding the allowable discretion of the district court.

Vacated and remanded.

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