Alkhatib v. New York Motor Group LLC et al
||Capital One Auto Finance, Inc., New York Motor Group LLC and Planet Motor Cars, Inc.
||April 18, 2013
||US District Court for the Eastern District of New York
||Steven M. Gold
||Allyne R. Ross
|Nature of Suit:
|Cause of Action:
||15:1692 Fair Debt Collection Act
|Jury Demanded By:
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|September 30, 2016
ORDER ADOPTING REPORT AND RECOMMENDATIONS(IN PART ONLY)of Magistrate Judge Gold's dated June 3, 2015; I adopt the Report and Recommendation with respect to denial of the motion to dismiss the RICO claims against the dealership defendants and gra nt of the plaintiffs' motion to amend against these defendants. As is evident, this order relates solely to claims by the plaintiffs against the dealership defendants. I decline to address at this time the portions of the Report and Recommendation that relate to claims by the plaintiffs against the financial institutions.( Ordered by Judge Allyne R. Ross on 9/29/2016 ) (Guzzi, Roseann)
|June 3, 2015
ORDER granting in part and denying in part 71 Motion to Amend/Correct/Supplement; REPORT AND RECOMMENDATIONS re 77 Notice of Motion to Dismiss for Failure to State a Claim filed by New York Motor Group LLC, Nada Eltouby, Planet Mo tor Cars, Inc., Mamdoh Eltouby ( Objections to R&R due by 6/22/2015). More specifically, plaintiffs' motion for leave to amend their complaints is granted except with respect to those claims I recommend be dismissed. I respectfully recommend t hat defendants' motions to dismiss be denied, except that the following claims be dismissed: 1) Plaintiffs' RICO claims against M&T Bank; 2) Plaintiffs' TILA claims for damages (but not rescission) against M&T Bank; 3) Plaintiff Tuhin's Magnuson-Moss Warranty Act claim; and 4) Plaintiffs' New York General Business Law claims against M&T Bank. Ordered by Chief Mag. Judge Steven M. Gold on 6/3/2015. (Jason, Kevin)
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