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ALLEN EX REL. ALLEN v. DEVINE

No. 09-cv-668 (ADS)(MLO).

670 F.Supp.2d 164 (2009)

C. Robert ALLEN, III, by Luke ALLEN, as Guardian for the Property Management of C. Robert Allen III, Plaintiff, v. Christopher DEVINE, Lakeshore Media, LLC, Milcreek Broadcasting LLC, College Creek Media LLC, Marathon Media Group, LLC, 3 Point Media— Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media—Utah, LLC, 3 Point Media—Franklin, LLC, 3 Point Media—Prescott Valley, LLC, 3 Point Media—Coalville, LLC, 3 Point Media—Arizona, LLC, 3 Point Media—Florida, LLC, 3 Point Media—Kansas, LLC, 3 Point Media— Ogden, LLC, 3 Point Media—San Francisco, LLC, Midvalley Radio Partners, LLC, D & B Towers LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC and John Does 1-50, Defendants.

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

November 19, 2009.

Attorney(s) appearing for the Case

Cohen & Gresser LLP, by Lawrence T. Gresser, Esq., Alexandra Sarah Wald, Esq., Nathaniel P.T. Read, Esq., Alexis Gena Stone, Esq., and Harvey B. Silikovitz, Esq., Of Counsels, New York, NY, for Plaintiffs.

Peckar & Abramson, P.C., by Kevin Joseph O'Connor, Esq., Of Counsel, New York, NY, for Defendants.

Allyn & Fortuna, LLP, by Nicholas J. Fortuna, Esq., Of Counsel, New York, NY, Callister Nebeker & McCullough, P.C., by Mark L. Callister, Esq., Of Counsel, Salt Lake City, UT, for Defendant D & B Towers LLC.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arise out of allegations by the plaintiff, C. Robert Allen, III ("Allen"), by his Guardian for Property Management, Luke Allen, that the defendants defrauded Allen out of tens of millions of dollars over several years. Presently before the Court are (1) a motion by defendants Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC, Marathon Media Group, LLC, 3 Point Media—...

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