APACE COMMUNICATIONS, LTD. v. BURKE

No. 07-CV-6151L.

522 F.Supp.2d 509 (2007)

APACE COMMUNICATIONS, LTD., Rakesh Aggarwal, Plaintiffs, v. Jeffrey BURKE, David Klein, Michael Benedict, Steven Hyde, David Grainger, Empire Beef Co., Inc., d/b/a Empire Beef & Redistribution Co., Steven Levine, Lori Levine, Cephas. Capital Partners, LP Jeffrey Holmes, Clint Campbell, Cephire Technologies, Timothy Beers, Defendants.

United States District Court, W.D. New York.

November 16, 2007.


Attorney(s) appearing for the Case

Bryon L. Gregory, Foley & Lardner LLP, Chicago, IL, Peter J. Weishaar, McConville Considine Cooman & Morin, PC, Rochester, NY, for Plaintiffs.

Laurie A. Giordano, Steven E. Cole, The Wolford Law Firm LLP, Russell I. Zuckerman, Jeffrey J. Harradine, Ward, Norris, Heller & Reidy, LLP, William G. Bauer, Woods Oviatt Gilman LLP, William H. Bristol, Empire Beef Co. Inc., Richard Glen Curtis, Kaman, Berlove, Marafioti, Jacobstein & Goldman, Paul F. Keneally, Underberg & Kessler LLP, Rochester, NY, Charles E. Graney, Webster Szanyi, LLP, Buffalo, NY, Philip G. Spellane, Harris Beach LLP, Pittsford, NY, for Defendants.


DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiffs Apace Communications, Ltd. ("Apace") and Rakesh Aggarwal have commenced this action against thirteen defendants, alleging that they were fraudulently induced to invest in a company named NetSetGo (sometimes referred to in the complaint as "the Company"). Plaintiffs allege that as a result of defendants' misrepresentations concerning NetSetGo...

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