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Kisano Trade & Invest Limited, et al v. Dev Lemster

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


November 17, 2011

KISANO TRADE & INVEST LIMITED, ET AL., PLAINTIFFS,
v.
DEV LEMSTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge Cathy Bissoon

Magistrate Judge Robert Mitchell

MEMORANDUM ORDER

Kisano Trade & Invest Limited, and Trasteco Ltd. ("Plaintiffs") bring the instant cause of action under the Racketeer Influenced Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, and state law against Dev Lemster and Steel Equipment Corp. ("Defendants"). On June 18, 2011, Defendants filed a motion to dismiss, or, in the alternative, to strike portions of the complaint and sever Plaintiffs' claims against them. (Doc. 4). Plaintiffs responded in opposition to this motion on August 9, 2011. (Doc. 10). Defendants filed a reply brief on August 23, 2011. (Doc. 11-12). Plaintiffs, with leave of Court, filed a sur-reply brief on August 29, 2011. (Doc. 14).

This matter was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules for Magistrate Judges. The magistrate judge issued a report and recommendation on September 27, 2011, recommending that Defendants' motion to dismiss, or, in the alternative, to strike and sever, be denied. (Doc. 24). Defendants file objections to the report on October 14, 2011. (Doc. 25). Plaintiffs responded to the objections on October 25, 2011. (Doc. 26).

After de novo review*fn1 of the pleadings and documents in the case, together with the report and recommendation (Doc. 24), Defendants' objections thereto (Doc. 25), and Plaintiffs' response (Doc. 26), the following ORDER is entered:

IT IS HEREBY ORDERED that Defendants' motion to dismiss, or, in the alternative, to strike and sever (Doc. 4), is DENIED.

IT IS FURTHER ORDERED that the magistrate judge's report and recommendation (Doc. 24) is adopted as the opinion of this Court.

BY THE COURT:

CATHY BISSOON UNITED STATES DISTRICT JUDGE

cc (via ECF email notification): All Counsel of Record


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