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02-4801 - Flaherty v. All Hampton Limousine, Inc. et al


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02-4801 - Flaherty v. All Hampton Limousine, Inc. et al
July 16, 2008
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ORDER: The motions by defendants Colucci 76, Gates MacDonald and Swan 77, DMA and Scheno 78, and Rocky Point 80 to dismiss the RICO claims are GRANTED. Accordingly, the Supplemental Complaint is hereby dismissed as to defendants Rocky Point and Colucci. To the extent the motion by defendants Gates MacDonald and Swan 77 sought dismissal of Plaintiff's defamation claim, it is denied. Therefore, this claim remains pending against defendants Gates MacDonald, Swan, DMA, and Scheno. By Orders dated January 3, 2003 and November 4, 2003, the Court stayed the action as to the remaining defendants, viz. Reliance, All Hampton, Matthew Galiadatto, John Tomitz, Mary Neary, and Crystal Joyce. These defendants are hereby directed to provide a status report to the Court, via letter to be electronically filed, on or before August 1, 2008. Finally, Plaintiff's motion to vacate the August 14, 2007 Order 90 is denied; Plaintiff's motion for reconsideration of the Court's Order denying his request to proceed in forma pauperis on appeal 101 is also denied. Counsel for Gates MacDonald and Swan are hereby directed to serve a copy of this Order on counsel for Reliance, All Hampton, Matthew Galiadatto, John Tomitz, Mary Neary, and Crystal Joyce, as well as on Plaintiff, and file proof of service. Ordered by Senior Judge Denis R. Hurley on 7-16-08. (Hurley, Denis)