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All Star Carts and Vehicles, Inc. v. BFI Canada Income Fund

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 31, 2010

ALL STAR CARTS AND VEHICLES, INC., H.B. MILLWORK, INC. AND KUSSMAUL ELECTRONICS COMPANY, INC. ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
BFI CANADA INCOME FUND, IESI, CORP., IESI NY, CORP., WINTERS BROS. RECYCLING CORP., WINTERS BROS. WASTE SYSTEMS, INC., WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NEW YORK, LLC, ALLIED WASTE INDUSTRIES, INC., ALLIED WASTE OF LONG ISLAND, INC. AND ISLAND WASTE SERVICES, LTD, DEFENDANTS.

The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge

ORDER

Currently pending before the Court is Defendants' motion [DE 66] to disqualify Lewis Johs Avallone Aviles, LLP and an attorney with that firm, James F. Murphy, from representing Plaintiffs in this putative class action. Plaintiffs oppose the motion. See DE 72. Having reviewed the parties' submissions and the applicable case law, I am DENYING Defendants' motion, without prejudice. A substantive written decision will follow.

SO ORDERED.

Central Islip, New York

A. KATHLEEN TOMLINSON U.S. Magistrate Judge

20100331

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