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Bankruptcy Appeal (801) | New York Southern
Appear Pro Hac Vice
MOTION for Jeffrey Garfinkle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23649763. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tutor Perini Building Corp.. (Attachments: # 1 Affidavit, # 2 Proposed Order).(Nida, Robert)
Bankruptcy Appeal (801) | New York Southern
Appear Pro Hac Vice
MOTION for Julian Gurule to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tutor Perini Building Corp.. (Attachments: # 1 Affidavit, # 2 Proposed Order).(Nida, Robert)
P.I.: Other | New York Southern
Report and Recommendations
REPORT AND RECOMMENDATION re: (5675 in 1:03-md-01570-GBD-SN, 705 in 1:04-cv-01923-GBD-SN) MOTION to Certify Class, filed by Estate of John P. O'Neill, Sr. While Plaintiffs have demonstrated the Proposed Class satisfies certain elements of Rule 23, I find that Plaintiffs have failed to prove, by a preponderance of the evidence, that class certification is proper under Rule 23. For that reason, I recommend the Court deny Plaintiffs' Motion for Class Certification. I further recommend the Court (1) grant the motion to add John F. O'Neill's estate as a plaintiff; (2) grant Plaintiffs' motion to substitute Dorothy A. O'Neill with Christine O'Neill, as personal representative to the Estate of Dorothy A. O'Neill; and (3) deny without prejudice Plaintiffs' motion for leave to amend the First Consolidated Complaint. The parties shall have fourteen days from the service of this Report and Recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure. A party may respond to another party's objections within fourteen days after being served with a copy. Fed. R. Civ. P. 72(b)(2). Such objections shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable George B. Daniels at the United States Courthouse, 500 Pearl Street, New York, New York 10007, and to any opposing parties. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72(b). Any requests for an extension of time for filing objections must be addressed to Judge Daniels. The failure to file these timely objections will result in a waiver of those objections for purposes of appeal. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72(b); Thomas v. Arn, 474 U.S. (Objections to R&R due by 2/5/2021.) (Signed by Magistrate Judge Sarah Netburn on 1/22/2021) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:04-cv-01923-GBD-SN. (ras)
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