The plaintiff, Mohammad Reza Kamrani-Ghadjar, seeking leave to represent a class in a securities class action, served an affidavit from a lawyer, Lon Michael Kirsh.
The defendants, Anaergia Inc., Andrew Benedek, and Hani El-Kaissi, moved to strike the affidavit, arguing it contained inadmissible opinion evidence.
After the plaintiff served a revised affidavit removing opinions, the defendants moved again to strike it, alleging irrelevance and immateriality.
The court dismissed the defendants' motion, finding the affidavit contained permissible observations of voluminous public filings rather than inadmissible opinions.
However, the court ordered the plaintiff to pay $10,000 in costs thrown away to the defendants due to the initial inadmissible affidavit.
