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CAPLIN v. TRANS1, INC.

No. 7:12-CV-23-F.

973 F.Supp.2d 596 (2013)

Joel CAPLIN, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. TRANS1, INC., Kenneth Reali, Joseph P. Slattery, Richard Randall, and Micheal Luetkemeyer, Defendants.

United States District Court, E.D. North Carolina, Southern Division.

September 19, 2013.

Attorney(s) appearing for the Case

Jeremy A. Lieberman , Tamar A. Weinrib , Pomerantz Grossman Hufford Dahlstrom & Gross LLP, New York, NY, Gary W. Jackson , The Jackson Law Group, PLLC, Marcus Samuel McGee , Jackson & McGee, LLP, Charlotte, NC, for Plaintiffs.

John F. Cannon , Stephen L. Ram , Aaron C. Humes , Stradling Yocca Carlson & Rauth, Newport Beach, CA, Jonathan D. Sasser , Thomas Hamilton Segars , Ellis & Winters, Raleigh, NC, for Defendants.

ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on the Defendants' (collectively, "TranS1")1 motion to dismiss [DE-34].2 Plaintiffs (collectively, "Caplin") have filed a response in opposition [DE-41]. The motion has been fully briefed and is ripe for ruling.

I. PROCEDURAL AND FACTUAL BACKGROUND

Caplin initiated this action on January 4, 2012, by...

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