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Financial Federal v. Crane Consultants

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


June 2, 2011

FINANCIAL FEDERAL CREDIT, INC., PLAINTIFF,
v.
CRANE CONSULTANTS, LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff, Financial Federal Credit Inc., had filed a motion for a temporary restraining order and other relief (Dkt. #2). Defendants Ramar Crane Services, LLC, Ramar Steel Sales, Inc. (collectively "Ramar") cross-moved to dismiss the complaint as to them (Dkt. #8).

On May 4, 2011, the parties entered into, and the Court issued, a Stipulated Order Related to Property (Dkt. #41), which essentially resolved plaintiff's motion for a temporary restraining order. In addition, on May 24, 2011, Magistrate Judge Marian W. Payson, having met with the attorneys for the parties on that date, issued a Scheduling Order (Dkt. #43) setting forth deadlines for discovery and the filing of dispositive motions. In light of the issuance of those two orders, plaintiff's motion for a temporary restraining order is denied as moot, and Ramar's motion to dismiss is denied without prejudice.

CONCLUSION

Plaintiff's motion for a temporary restraining order and other relief (Dkt. #2) is denied as moot. The motion to dismiss filed by the defendants Ramar Crane Services, LLC, Ramar Steel Sales, Inc. (Dkt. #8) is denied without prejudice.

IT IS SO ORDERED.

20110602

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