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CASSESE v. WASHINGTON MUTUAL, INC.

No. 05 CV 2724 (ADS) (ARL).

DENISE CASSESE f/k/a DENISE CALIGIURI, GEORGE SCOTT RUSH, RICHARD MELICHAR and RICHARD SCHROER, individually and on behalf of all others similarly situated, Plaintiffs, v. WASHINGTON MUTUAL, INC., WASHINGTON MUTUAL BANK, FA, WASHINGTON MUTUAL BANK, FSB, WASHINGTON MUTUAL BANK, and WASHINGTON MUTUAL HOME LOANS, INC., Defendants.

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

September 30, 2009.

Attorney(s) appearing for the Case

WHALEN & TUSA, P.C., Attorneys for the Plaintiffs, New York, NY, By: Joseph S. Tusa, Esq., Paul C. Whalen, Esq., of Counsel.

DANNENBERG, BEMPORAD, SELINGER & COHEN, P.C,. Attorneys for the Plaintiffs, White Plains, NY, By: Peter D. St. Philip, Jr., Esq., of Counsel.

WEIL, GOTSHAL & MANGES, LLP, Attorneys for the Defendant Washington Mutual Inc., New York, NY, By: Brian S. Rosen, Esq., Of Counsel.

STROOCK, & STROOCK & LAVAN, Attorneys for the Defendants, Los Angeles, California, By: Lisa M. Simonetti, Esq., Sarah B. Takasugi, Esq., of Counsel.

STROOCK, & STROOCK & LAVAN, Attorneys for the Defendants and Presently Representing the Federal Deposit Insurance Corporation, New York, New York, By: Burton Lipshie, Esq., Claude Gabriel Szyfer, Esq., Heidi Balk, Esq., James Lawrence Bernard, Esq., of Counsel.

BAKER BOTTS, LLP, Attorneys for the Defendants and Federal Deposit Insurance Corporation, The Warner, Washington, D.C., By: David A. Super, Esq., Ryan Bull, Esq., Elysa M. Dishman, Esq., Samuel J. Waldon, Esq., of Counsel.

MEMORANDUM OF DECISION AND ORDER

ARTHUR D. SPATT, District Judge.

In this class action, named plaintiffs Denise Cassese, George Scott Rush, and Richard Schroer (the "plaintiffs") allege that Washington Mutual, Inc. ("WMI"); Washington Mutual Bank, formerly known as Washington Mutual Bank, FA ("WMB"); Washington Mutual Bank, FSB; Former State-Chartered Washington Mutual Bank; and Washington Mutual Home Loans, Inc. (collectively, the...

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