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03-6327 - Curto v. Medical World Communications, Inc. et al


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03-6327 - Curto v. Medical World Communications, Inc. et al
August 2, 2005
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ORDER - Defendants' motion to dismiss the Amended and Supplemental Complaint is DENIED in part and GRANTED in part. Defendants' motion is DENIED to the extent Defendants seek to: (1) dismiss the Amended and Supplemental Complaint as to defendant Romaine Pierson Publishers, Inc. f/k/a Romaine Pierson Acquisition Co.; (2) strike paragraph 165 of the Amended and Supplemental Complaint; and (3) dismiss the third and fourth causes of action. The motion is GRANTED to the extent Defendants seek to: (1) dismiss the Amended and Supplemental Complaint as to defendant Eugene Conselyea; and (2) dismiss the fifth, sixth, and sixteenth causes of action. The motion is GRANTED IN PART and DENIED IN PART as to the thirteenth cause of action. Plaintiff may move for leave to amend with regard to her fifth and sixth causes of action ONLY in accordance with this decision. Finally, the fourteenth cause of action is dismissed based upon Plaintiff's voluntary withdrawal of this claim. Ordered by Judge Denis R. Hurley on 8-2-05.(Hurley, Denis)
May 15, 2006
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ORDER re 122 - 125: Defendants' objections to the January 18, 2006 Order by Chief Magistrate Judge Michael L. Orenstein are denied -- see attached Memorandum and Order. Ordered by Judge Denis R. Hurley on 5-15-06. (Hurley, Denis)
May 15, 2007
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ORDER re 186 (Notice of Objection), 187 (Notice of Objection), 188 (Notice of Objection): For the reasons stated in the attached Memorandum & Order, the Court finds: (1) Magistrate Judge Orenstein's determination that the April 2003 Memos are protected under the work-product doctrine is not clearly erroneous; therefore, Defendants' objection on this basis is OVERRULED; (2) To the extent the Magistrate Judge forestalled consideration of Defendants' arguments of substantial need and undue hardship, non-consideration of those arguments were contrary to Rule 26(b)(3), thereby warranting a remand; therefore, Defendants' objection on this basis is SUSTAINED; and (3) The Court further finds that, upon remand and in the interest of fairness, the Magistrate Judge is to determine whether an at-issue waiver has occurred regarding the April 2003 Memos. So Ordered by Judge Denis R. Hurley on 05/15/07. (Hurley, Denis)
June 9, 2008
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ORDER: Defendants' appeal 236 of Magistrate Judge Orenstein's June 14, 2007 Order is DENIED. See attached Memorandum & Order. Ordered by Senior Judge Denis R. Hurley on 6-9-08. (Hurley, Denis)