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DIMICH v. MED-PRO, INC.

No. 03 Civ. 6659(LLS).

304 F.Supp.2d 517 (2004)

Ivan DIMICH, individually and on behalf of others similarly situated, Plaintiff, v. MED-PRO, INC., Albers Medical Distributors, Inc., H.D. Smith Wholesale Drug Company, and Rite Aid Corporation, Defendants.

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

January 16, 2004.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman, New York City (Robert L. Herbst, of counsel), for plaintiff.

Gibbons, Del Deo, Dolan, Griffinger & Vecchione, New York City (James M. Lee, of counsel), for H.D. Smith Wholesale Drug Co., defendant.

Sedgwick, Detert, Moran & Arnold, New York City (James T. Conlon, of counsel), Polsinelli Shalton & Welter, Kansas City, MO (Cathy J. Dean, Jennifer J. Chapin, of counsel), for Albers Medical Distributors, Inc., defendant.

Opinion and Order

STANTON, District Judge.

Defendants removed this action from the Supreme Court of New York to the United States District Court for the Southern District of New York, asserting that the complaint met the jurisdictional requirements of diversity of citizenship and an amount in controversy exceeding $75,000 set forth in 28 U.S.C. § 1332.

Plaintiff now moves to remand this action pursuant to 28 U.S.C. § 1447(c). For the reasons...

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