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McCABE v. ERNST & YOUNG

April 27, 2004.

DANIEL McCABE, RUSSELL E. McCABE, and DAVID MOTOVIDLAK, Plaintiffs,
v.
ERNST & YOUNG, LLP., Defendant



The opinion of the court was delivered by: SUSAN WIGENTON, Magistrate Judge

ORDER

Vertex Interactive, Inc., Nicholas Toms, Donald Rowley, Raymond Broek, Barbara Martorano, Joseph Robinson, Wayne Clevenger and Jeffrey Marks, Esq., seek counsel fees, pursuant to Fed.R. Civ. P. 45(c)(2)(B), incurred in complyinq with subpoenas served by plaintiffs Daniel McCabe, et al. ("Plaintiffs"). Plaintiffs have opposed the Motion. The Court decides the Motion based upon the written submissions of the parties pursuant to Fed.R. Civ. P. 78. For the reasons set forth in the Opinion of even date, the Motion is denied.

The parties have ten days to object to this Order pursuant to Fed.R.Civ.P. 72(a).

20040427

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