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09-1747 - Trustar Funding, LLC v. Mruczynski et al


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09-1747 - Trustar Funding, LLC v. Mruczynski et al
March 30, 2010
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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 clarification 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 interest 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)
April 16, 2010
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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)