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O'HEARN v. BODYONICS, LTD.

No. CV 98-1168(ADS).

56 F.Supp.2d 302 (1999)

Michael O'HEARN and Melinda Midajah O'Hearn, Plaintiffs, v. BODYONICS, LTD., Great Earth Companies, Inc., and Phoenix Laboratories, Inc., Defendants.

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

July 23, 1999.

Attorney(s) appearing for the Case

Dewey, Pegno & Kramarsky, LLP, New York City (David S. Pegno, Stephen M. Kramarsky, of counsel), for plaintiffs.

Kendig & Ross, Los Angeles, California, for plaintiffs.

Hoffinger, Friedland, Dobrish, Bernfeld & Stern, P.C., New York City (Philip S. Ross, Scott L. D'Aloise, of counsel), for defendants.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This motion to punish the defendants for civil contempt for concededly violating Court orders, raises the issue of whether the defendants have been "reasonably diligent and energetic" in attempting to comply with the orders.

The plaintiffs commenced this diversity based breach of contract action on February 17, 1998. The lawsuit is grounded on two written contracts between the defendants...

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