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17-034 - Stern et al v. Westerman Ball Ederer Miller & Sharfstein, LLP et al


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17-034 - Stern et al v. Westerman Ball Ederer Miller & Sharfstein, LLP et al
March 23, 2017
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REPORT AND RECOMMENDATIONS: Recommended that pltfs' 12 motion to remand this action to NYS Supreme Court be granted, without an award of costs or atty's fees, and that defts' 5 motion to change venue be denied as moot. Objections to R&R due by 4/10/2017. Signed by Magistrate Judge David E. Peebles on 3/23/17. (sfp, )
July 24, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Magistrate Judge Peebles' # 37 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Plaintiffs' # 12 motion to remand this action to New York State Supreme Court is GRANTED. The Court further ORDERS that Plaintiffs' motion for an award of attorney's fees in relation to their motion to remand is DENIED. The Court further ORDERS that Defendants' # 211 cross-motion for an award of attorney's fees in relations to its defense of Plaintiffs' motion to remand is DENIED. The Court further ORDERS that Defendants' # 5 motion to transfer venue is DENIED as moot. Signed by Senior Judge Frederick J. Scullin, Jr. on 7/24/2017. [Certified Copy served upon Albany County Clerk via regular mail.] (nmk)
July 24, 2017
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JUDGMENT: It is ORDERED and ADJUDGED that Magistrate Judge Peebles' # 37 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Plaintiffs' # 12 motion to remand this action to New York State Supreme Court is GRANTED. The Court further ORDERS that Plaintiffs' motion for an award of attorney's fees in relation to their motion to remand is DENIED. The Court further ORDERS that Defendants' # 21 cross-motion for an award of attorney's fees in relations to its defense of Plaintiffs' motion to remand is DENIED. The Court further ORDERS that Defendants' # 5 motion to transfer venue is DENIED as moot. (nmk)