Rader v. ING Bank fsb et al

Filing 79

REPORT AND RECOMMENDATION THAT (i) in 09-340-SLR-LPS Plaintiffs motion for summary judgment (D.I. 54) be DENIED, Defendants motion for Rule 11 sanctions (D.I. 68) be DENIED, Defendants motion to strike Plaintiffs answering brief in opposition to moti on for sanctions (D.I. 75) be DENIED, and Defendants motion for partial summary judgment (D.I. 48) be GRANTED; (ii) in 09-544-SLR-LPS Defendants motions to dismiss (D.I. 8, D.I. 13, D.I. 66) be GRANTED, Defendants motion for Rule 11 sanctions (D.I. 2 7, D.I. 68) be DENIED, ING Groep, N.V.s motion to set aside the Default in Appearance (D.I. 42) be GRANTED, and Plaintiffs motion for partial summary judgment against ING Groep, N.V. (D.I. 22, D.I. 29) be DENIED; and (iii) in 09-781-SLR-LPS Defendant s motions to dismiss (D.I. 4, D.I. 8) be GRANTED, and Defendants motion for Rule 11 sanctions (D.I. 15) be DENIED AND ORDER THAT in 09-340-SLR-LPS Plaintiffs motion for a protective order and motion for sanctions (D.I. 26) is DENIED, Plaintiffs motio n to quash subpoena and for sanctions (D.I. 27) is DENIED, Defendants motion to strike Plaintiffs motion for protective order and motion to quash (D.I. 30) is DENIED, Defendants motion to compel discovery (D.I. 42) is DENIED, Plaintiffs motion to dis qualify Montgomery, McCracken, Walker & Rhoads, LLP (D.I. 44) is DENIED, and Defendants motion for discovery sanctions for Plaintiffs failure to appear at his deposition (D.I. 62) is GRANTED, IN 09-544-SLR-LPS Raders motion for extension of time to f ile a response as to motion for sanctions (D.I. 32) is DENIED AS MOOT, Plaintiffs motion to strike Defendants motion for sanctions (D.I. 37) is DENIED, Plaintiffs motion to strike the motion to set aside the default judgment (D.I. 44) is DENIED, Plai ntiffs motion to disqualify Montgomery, McCracken, Walker & Rhoads, LLP and for sanctions (D.I. 49) is DENIED, AND THAT all proceedings in 09-340-SLR-LPS, 09-544-SLR-LPS, AND 09-781-SLR-LPS are STAYED until further order of the Court, with the except ion that the parties may file and brief objections to any portion of the instant Report and Recommendation and Order. The parties are directed to the Courts Standing Order In Non-Pro Se Matters For Objections Filed Under Fed. R. Civ. P. 72, dated Nov ember 16, 2009, a copy of which is available on the Courts website, www.ded.uscourts.gov/StandingOrdersMain.htm. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. ( Objections to R&R due by 4/26/2010 ).. Signed by Judge Leonard P. Stark on 4/7/2010. Associated Cases: 1:09-cv-00340-SLR-LPS, 1:09-cv-00544-SLR-LPS, 1:09-cv-00781-SLR-LPS(rpg)