ARY JEWELERS, LLC v. IBJTC BUSINESS CREDIT CORP.

No. CIVA 04-10281 EFH.

464 F.Supp.2d 62 (2006)

ARY JEWELERS, LLC, et al., Plaintiffs v. IBJTC BUSINESS CREDIT CORP. and David Molinario, Defendants.

United States District Court, D. Massachusetts.

October 24, 2006.


Attorney(s) appearing for the Case

Ashish Mahendru, Mahendru, PC, Houston, TX, Barry L. Pickens, Spencer Fane Britt & Browne, Kansas City, MO, Jill L. Groff, The Carrigan Law Firm., L.L.P., Stephen P. Carrigan, The Carrigan Law Firm LLP, Houston, TX, for Ary Jewelers, LLC, IBJ Whitehall Bank & Trust Co., Plaintiffs.

Dale Lee Beckerman, Deacy & Deacy, LLP, Kansas City, MO, Robert S. Fischler, Ropes & Gray LLP, Lee S. Gayer, Ropes & Gray LLP, New York City, Robert M. Thomas, Jr., Thomas & Associates, Royston H. Delaney, Thomas & Associates, Christopher R. Dillon, Ropes & Gray LLP, Kate Cimini, Ropes & Gray LLP, Boston, MA, for IBJ Whitehall Bank & Trust Co., IBJ Whitehall Capital Corp., Whitehall Business Credit Corp., IBJ Whitehall Business Credit Corp., IBJTC Business Credit Corp., David Molinario, Defendants.


ORDER

HARRINGTON, Senior District Judge.

In response to Defendant IBJTC Business Credit Corporation's ("IBJ") motion to dismiss Count I of the Second Amended Complaint1 and to Strike the Expert Report of Plaintiff ARY Jewelers, LLC's ("ARY") witness Shirley Webster (Pleading No. 114), the Court has considered the parties' submissions on that motion and rules as follows:

The Court denies defendant's motion to enter...

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