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Masterson v. Commonwealth Bankshares, Inc.

United States District Court, E.D. Virginia, Norfolk Division

March 10, 2014

AARON MASTERSON, CARLTON BENNETT, Individually and on behalf of all Others similarly situated, Plaintiffs,
v.
COMMONWEALTH BANKSHARES, INC., et al., Defendants

Page 825

[Copyrighted Material Omitted]

Page 826

For Aaron Masterson, individually and on behalf of all others similarly situated, Plaintiff: Elizabeth Anne Aniskevich, Steven Jeffrey Toll, Cohen Milstein Sellers & Toll PLLC (DC), Washington, DC; Laurence Matthew Rosen, Phillip Kim, Yu Shi, PRO HAC VICE, The Rosen Law Firm PA, New York, NY.

For Carlton Bennett, individually and on behalf of all others similarly situated, Plaintiff: Elizabeth Anne Aniskevich, Steven Jeffrey Toll, Cohen Milstein Sellers & Toll PLLC (DC), Washington, DC; Yu Shi, PRO HAC VICE, The Rosen Law Firm PA, New York, NY.

For Cynthia A. Sabol, Defendant: Mark J. Krudys, LEAD ATTORNEY, Phelan Krudys Petty PLC, Richmond, VA.

Troy Brandon Woodard, Default Noted 12-12-13, Defendant, Pro se, Norfolk, VA.

For Morton Goldmeier, Kenneth Young, Herbert Perlin, Thomas W. Moss, Jr., Defendants: Marianne Roach Casserly, LEAD ATTORNEY, Alston & Bird LLP (F St), Washington, DC; Elizabeth Gingold Greenman, Robert Richard Long, IV, PRO HAC VICE, Alston & Bird LLP (GA-NA), Atlanta, GA; Hunter Wilmer Sims, Jr., Richard Johan Conrod, Jr., William Edgar Spivey, Kaufman & Canoles PC, Norfolk, VA.

For E. Carlton Bowyer, Ph.D., Defendant: Christopher E. Swecker, LEAD ATTORNEY, Chris Swecker Attorney at Law, Charlotte, NC.

For William D. Payne, Defendant: Marianne Roach Casserly, LEAD ATTORNEY, Alston & Bird LLP (F St), Washington, DC; Elizabeth Gingold Greenman, Robert Richard Long, IV, PRO HAC VICE, Alston & Bird LLP (GA-NA), Atlanta, GA.

For Laurence Fentriss, Raju V Uppalapati, Defendants: Hunter Wilmer Sims, Jr., Richard Johan Conrod, Jr., William Edgar Spivey, Kaufman & Canoles PC, Norfolk, VA; Marianne Roach Casserly, Alston & Bird LLP (F St), Washington, DC.

OPINION

Page 827

Mark S. Davis, United States District Judge.

OPINION and ORDER

This matter is currently before the Court on defendants' various objections to the United States Magistrate Judge's Report and Recommendation (" R& R" ), which recommended that this Court: (1) grant plaintiffs' motion to take judicial notice of another pending lawsuit in this Court, ECF No. 60; (2) deny two pending motions to dismiss, one filed by defendant E. Carlton Bowyer (" Bowyer" ), ECF No. 52, and one collectively filed by several defendants, ECF No. 47; and (3) grant in part, and deny in part, a third pending motion to dismiss filed by defendant Cynthia A. Sabol (" Sabol" ), ECF No. 55. After carefully considering the Magistrate Judge's thorough R& R, defendants' various objections thereto, and the responses to such objections filed by Aaron Masterson and Carlton Bennett (collectively, " Plaintiffs" ), this Court conducted a de novo review as to the recommendations in the R& ...


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