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M & T Mortgage Corp. v. Miller

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 3, 2007

M & T MORTGAGE CORPORATION, PLAINTIFF,
v.
CEDRIC D. MILLER ET ANO, DEFENDANTS AND THIRD PARTY PLAINTIFFS,
v.
BETTER HOMES DEPOT, INC. ET AL.,

The opinion of the court was delivered by: Marilyn D. GO United States Magistrate Judge

ORDER

By letter dated October 20, 2006, third party defendants Eric Fessler and Better Homes Depot, Inc. (the "Better Homes defendants") have moved for a protective order to quash requests for admissions served by the third party plaintiffs in this action, to which the movants claim would be unduly burdensome to respond. See ct. doc. 205. The Better Homes defendants filed the same letter motion in Council, et al. v. Better Homes Depot, Inc., 2004-cv-05620 (NGG)(VVP) (ct. doc. 170) to quash identical requests for admissions served by the plaintiff in that action and in M&T Mortgage Corporation v. White, 2004-cv-04775 (NGG)(VVP).

The motion is denied for the reasons set forth in Judge Pohorelsky's decision and order filed on May 18, 2007 in the two related action. See ct. doc. 192 in Council; ct. doc. 170 in White. In event, having already been required to respond in those two related cases, any response to the requests served in this action would not be burdensome.

The Better Homes defendants must serve responses to the requests to admit by September 6, 2007.

SO ORDERED.

20070803

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