TRUSTAR FUNDING, LLC v. Mruczynski et al
| Trustar Funding, LLC |
| Dariusz Mruczynski, Stanislaw Mruczynski, Bielsko Corporation, Leslie Benita Martin, Paul Sukholinskiy, RP Family, Inc., Patron Estates, Inc., William Martin, Warren Sussman, Pacific Title, Inc., Boris Nikham, Commonwealth Land Title Insurance Company and Lindsay Eason |
| 1:2009cv01747 |
| July 28, 2009 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Christopher A. Boyko |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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Filing
63
Order Adopting Report and Recommendation of Magistrate Judge denying Defendants' Motion to Strike Plaintiff's Reply Brief; granting in part Defendants' Motion to Dismiss; granting Defendants' Motion to Transfer; and the remaining action is transferred to the Eastern District of New York, pursuant to 28 USC 11404, Related 62 Report and Recommendation. Judge Christopher A. Boyko on 04/16/10. (M,M)
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Filing
62
Report and Recommendation that Defendants' motion to strike Plaintiffs' Reply Brief 61 be denied, because a brief may not be targeted in a motion to strike. Also, Plaintiffs' Reply Brief 60 is a legally relevant clarificati on of their position, and not redundant, immaterial, impertinent, or scandalous. It is recommended that Defendants' Motion to Dismiss 54 be granted in part. Plaintiff Trustar has suffered no damage. It is therefore not a true party in inter est and should be dismissed. It is recommended that Defendants' Motion to Transfer 52 be granted, and the remaining action be transferred to the Eastern District of New York. Objections to R&R due by 4/13/2010. Signed by Magistrate Judge Kenneth S. McHargh on 3/30/10. (R,N)
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