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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

Before the Court are Defendants' letter motion [DE 81] seeking a protective order with respect to Plaintiffs' notice to depose Defendants Winters Bros. Recycling Corp. and Winters Bros. Waste Systems, Inc., as well as Plaintiffs' letter motion [DE 82] to compel discovery.

Having reviewed the parties' submissions and the applicable case law, I am DENYING Defendants' motion for a protective order. Plaintiffs' motion to compel discovery is GRANTED, in part, and DENIED, in part. A substantive written decision will follow.

SO ORDERED.

Central Islip, New York

A. KATHLEEN TOMLINSON U.S. Magistrate Judge

20100331

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