Burtch v. Milberg Factors Inc. et al

Filing 75

REPORT AND RECOMMENDATION TO GRANT re 33 MOTION to Dismiss for Failure to State a Claim filed by Rosenthal & Rosenthal Inc., TO GRANT re 35 MOTION to Dismiss for Failure to State a Claim and Joinder in and to (I) The CIT Group/Commercial Servi ces, Inc.'s Motion to Dimiss the Complaint and (II) the Motion of GMAC Commercial Finance LLC, Sterling Factors Corporation and Wells Fargo MOTION to Dismiss for Failure to State a Claim and Joinder in and to (I) The CIT Group/Commercial Serv ices, Inc.'s Motion to Dimiss the Complaint and (II) the Motion of GMAC Commercial Finance LLC, Sterling Factors Corporation and Wells Fargo filed by Milberg Factors Inc., TO GRANT re 38 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Capi tal Factors Inc., TO DENY AS MOOTre 70 MOTION to Vacate Plaintiff's Motion to Vacate the February 6, 2008 Scheduling Order filed by Jeffrey L. Burtch, TO DENY re 73 MOTION to Strike 72 Reply Brief Certain Defendants' Motion to Strike Plaintiff's Reply Brief in Support of His Motion to Vacate the February 6, 2008 Scheduling Order MOTION to Strike 72 Reply Brief Certain Defendants' Motion to Strike Plaintiff's Reply Brief in Support of His Motion t o Vacate the February 6, 2008 Scheduling Order filed by Sterling Factors Corporation, Wells Fargo Century Inc., GMAC Commercial Finance LLC, TO DISMISS 1 Complaint, filed by Jeffrey L. Burtch, TO GRANT 62 MOTION for Leave to File Surreply Brief filed by Jeffrey L. Burtch, TO GRANT re 37 MOTION to Dismiss Based upon and Joinder of Defendant HSBC Business Credit (USA) Inc. in Motions to Dismiss Filed by (I) CIT Group/Commercial Services, Inc. and (II) GMAC Commercial Finance LLC, Sterling Factors Corporation, and Wells Fargo Century, I MOTION to Dismiss Based upon and Joinder of Defendant HSBC Business Credit (USA) Inc. in Motions to Dismiss Filed by (I) CIT Group/Commercial Services, Inc. and (II) GMAC Commercial Finance LL C, Sterling Factors Corporation, and Wells Fargo Century, I filed by HSBC Business Credit (USA) Inc., TO GRANT re 26 MOTION to Dismiss for Failure to State a Claim filed by CIT Group/Commercial Services Inc., TO GRANT 29 MOTION to Dismiss Based u pon Motion Of Defendants GMAC Commercial Finance LLC, Sterling Factors Corporation and Wells Fargo Century, Inc. For An Order Dismissing The Complaint filed by Sterling Factors Corporation, Wells Fargo Century Inc., GMAC Commercial Finance LLC. Objections to R&R due by 4/17/2009. Signed by Judge Leonard P. Stark on 3/30/2009. (rpg)