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  5. 643 F.Supp.2d 328 (2008)
 

UNITE NATIONAL RETIREMENT FUND v. ARIELA, INC.

No. 06-CV-0055 (BSJ).

643 F.Supp.2d 328 (2008)

UNITE NATIONAL RETIREMENT FUND, f/k/a/ I.L.G.W.U. National Retirement Fund, Plaintiff, v. ARIELA, INC., and Pepper Club, Inc., Defendants.

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

June 25, 2008.

Attorney(s) appearing for the Case

David C. Sapp, Jr., Amalgamated Life Insurance Company, White Plains, NY, for Plaintiff.

Joseph Lee Matalon, for Defendants.

Order

BARBARA S. JONES, District Judge.

Defendants Ariela, Inc. and Pepper Club, Inc., (collectively "Defendants") have moved to dismiss the complaint in the above-captioned case for insufficiency of service or, alternatively, to stay the action. For the following reasons, Defendants' motion is denied.

I. Facts and Procedural Background

On December 14, 2004, plaintiff UNITE National Retirement Fund ("Plaintiff"), an employee benefit...

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