Alkhatib v. New York Motor Group LLC et al

Filing 145

ORDER ADOPTING REPORT AND RECOMMENDATIONS(IN PART ONLY)of Magistrate Judge Gold's dated June 3, 2015; I adopt the Report and Recommendation with respect to denial of the motion to dismiss the RICO claims against the dealership defendants and gra nt of the plaintiffs' motion to amend against these defendants. As is evident, this order relates solely to claims by the plaintiffs against the dealership defendants. I decline to address at this time the portions of the Report and Recommendation that relate to claims by the plaintiffs against the financial institutions.( Ordered by Judge Allyne R. Ross on 9/29/2016 ) (Guzzi, Roseann)

J) 1t'

FILED
IN CLERK'S OFFICE
U.S. OISTRICTCOURT E.D.N.Y.

,1r SEP 3 O2016

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ANWAR ALKHATIB,

BROOKLYN OFFICE

ORDER ADOPTING IN
PART REPORT AND
RECOMMENDATION

. Plaintiff,
-against-

13-cv-2337 (ARR) (SMG)

NEW YORK MOTOR GROUP LLC, et al.,
Defendants.

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x

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SHAHADAT R TURIN,
13-cv-5643 (ARR) (SMG)

Plaintiff,
-againstNEW YORK MOTOR GROUP LLC, et al.,
Defendants.

x
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SIMON GABRYS,
13-cv-7290 (ARR) (SMG)

Plaintiff,
-againstNEW YORK MOTOR GROUP LLC, et al.,
Defendants.

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BORIS FREIRE,
!3-cv-7291 (ARR) (SMG)

Plaintiff,
-againstNEW YORK MOTOR GROUP LLC, et al.,

Defendants.

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x

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ZHENG HUI DONG,
l 4-cv-2980 (ARR) (SMG)

Plaintiff,
-againstNEW YORK MOTOR GROUP LLC, et al.,

Defendants.

x
x
NASRJN CHOWDHURY,
14-cv-2981 (ARR) (SMG)

Plaintiff,
-againstNEW YORK MOTOR GROUP LLC, et al.,

Defendants.

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ROSS, United States District Judge:
The court has received the Report and Recommendation on these six related cases dated
June 3, 2015 from the Honorable Steven M. Gold, United States Magistrate Judge. See Mem. &
Order and R. & R., No. 13-cv-5643, Dkt. #93.

Plaintiffs assert claims against used car dealerships New York Motor Group and Planet
Motor Cars, as well as two individuals associated with those dealerships: Mamdoh Eltouby, who

owns and operates them, and Nada Eltouby, who was at relevant times employed by them.
Collectively, I refer to these four defendants as the ''dealership defendants." Plaintiffs also assert
claims against financial institutions M&T Bank, Capital One Auto Finance, and Santander
Consumer USA, Inc.
The dealership defendants sought dismissal of the civil RJCO claims against them, and
plaintiffs sought leave to amend their complaints. The Report and Recommendation denied the
dealership defendants' motion to dismiss and granted the plaintiffs' motion to amend. The
dealership defendants filed no objections. Accordingly, I have reviewed the Report and
Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed.
R. Civ. P. 72(b); accord Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09cv-874, 2011 WL 1930682, at *l (E.D.N.Y. May 19, 2011). Having reviewed the record, I find
no clear error and so, pursuant to 28 U.S.C. § 636(b)(l), I adopt the Report and Recommendation
with respect to denial of the motion to dismiss the RICO claims against the dealership defendants
and grant of the plaintiffs' motions to amend against these defendants.

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As is evident, this order relates solely to claims by the plaintiffs against the dealership
defendants. I decline to address at this time the portions of the Report and Recommendation that
relate to claims by the plaintiffs against the financial institutions. 1

SO ORDERED.

/s/(ARR)
Allyne R. ~ss
-.,.United States District Judge
Dated: SeptemberOl!I , 2016
Brooklyn, New York

1 I also decline to address the Report and Recommendation's disposition ofplaintiffTuhin's Magnuson~Moss
Warranty Act claim, as the dealership defendants did not move to dismiss on this basis.

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