Citation Codes Equivalent Citations citation codes Docket Number No. 99 Civ. 11877 (CBM) Judges Constance Baker Motley Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. JAMES E. FUNKE et al., Plaintiffs v. LIFE FINANCIAL CORPORATION et al., Defendants. OPINION AND ORDER CONSTANCE BAKER MOTLEY, United States District Judge This court has received the Report and Recommendation on the instant case dated October 2, 2002, from the Honorable Michael H. Dolinger, United States Magistrate Judge. The court has also received the objections to Judge Dolinger's report filed by defendants. Having conducted a de novo review of the record, the court hereby adopts the Report and Recommendation as the opinion of the court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the court GRANTS defendants' motions to dismiss with respect to plaintiffs' claims brought under the Securities Exchange Act of 1934 and DENIES defendants' motions to dismiss with respect to plaintiffs' claims brought under the Securities Act of 1933. The Securities Exchange Act claims are dismissed without prejudice to the service and filing of an amended complaint within thirty days of this Opinion and Order. The court will hear argument on the Motion to Transfer Venue and the Motion to be Appointed Lead Plaintiff at the pre-trial conference scheduled for Wednesday, December 18, 2002. The conference will begin at 10:30 a.m. in Courtroom 26-A of the United States Courthouse located at 500 Pearl Street, New York, New York.