Italiano et al v. Midland Funding, LLC et al
| June Gioia, Steven Italiano, Chris Pierre, Doreen Vazquez and Susan White |
| Midland Funding, LLC |
| 2:2014cv00018 |
| January 2, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Leonard D. Wexler |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
278
ORDER denying 265 Motion to Compel; denying 267 Motion to Strike. SEE ATTACHED ORDER ON MOTIONS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/23/2021. (Tomlinson, A.)
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Filing
259
ORDER: Plaintiffs David Agoado, Leeann McNally, Craig Moore, Chris Pierre, Thomas Sharkey, and Doreen Vazquez (collectively, "Plaintiffs") move to file a Fourth Amended Complaint ("FAC"). ECF No. 225 . Defendants Midland Fundin g, LLC, Midland Funding, LLC d/b/a in New York as Midland Funding of Delaware, LLC, and Midland Credit Management (collectively, the "Midland Defendants") oppose the motion to amend and are joined by Defendant Forster & Garbus LLP. ECF Nos . 227 , 228 . Defendants Rubin & Rothman, LLC, Forster & Garbus LLP, and Cohen & Slamowitz, LLP, further move for sanctions against Plaintiffs and Plaintiffs counsel based on the contention Plaintiffs filed an improper and unauthorized Third Amende d Complaint. ECF Nos. 231 , 232 , 233 . The parties now object to the Report & Recommendation ("R&R"), ECF No. 246 , prepared by the Honorable Magistrate Judge Kathleen Tomlinson recommending Plaintiffs be granted leave file the FAC an d granting the motion for sanctions against Plaintiffs. Upon a careful review of Magistrate Judge Tomlinsons R&R, ECF No. 246 , and the objections filed thereto, ECF Nos. 250 , 251 , the Court adopts the recommendation of the R&R in part and denies in part. Accordingly, Plaintiffs' motion to amend, ECF No. 225 , is GRANTED and the joint motion for sanctions, ECF Nos. 231 , 232 , 233 , is DENIED.So Ordered by Judge William F. Kuntz, II on 9/30/2020. (Love, Alexis)
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