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CRAB HOUSE OF DOUGLASTON, INC. v. NEWSDAY, INC.

No. 04-CV-0558 (DRH)(WDW).

418 F.Supp.2d 193 (2006)

CRAB HOUSE OF DOUGLASTON, INC. d/b/a Douglaston Manor; College Point Restaurant, Corp. d/b/a Gallagher's II; Ron Bon Pub, Inc. d/b/a Gallagher's; ET Week Publication, Inc.; Greenberg & Stein, LLP.; Joseph Mauro; Parallel Productions, Inc.; Park Avenue Aesthetic Surgery, PC; Scott A. Russo; and TAC Catering Inc., on Behalf of Themselves and All Similarly-Situated Persons and Entities, Plaintiffs, v. NEWSDAY, INC.; Hoy, LLC; United Media Distributors, LLC; Distribution Systems of America, Inc.; Harold Foley; Robert Garcia; Robert Haufman; Fred Herb; Robert Brennan; Louis S. Sito; Keith Potthoff; and "John Does" "1" Through, "25," Defendants.

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

March 3, 2006.

Attorney(s) appearing for the Case

Giaimo & Vreeburg LLP, by Joseph O. Giaimo, Esq., Kew Gardens, NY, Wechsler, Harwood, Halebien & Feffer LLP, by Samuel Kenneth Rosen, Esq., & Robert Ira Harwood, Esq., New York, NY, for Plaintiffs.

Sidley, Austin, Brown & Wood, by Robert Wolfgang Hirth, Esq., New York, NY, for Defendants.

Clifford Chance U.S. LLP, by David Meister, Esq., & Mark Adam Weissman, Esq., New York, NY, for Defendant Halfmann.

Dechert. LLP, by Matthew J. Lang, Esq., & Edward A. McDonald, Esq., New York, NY, for Defendant Brennan.

Judd Burstein, P.C., by Judd Burstein, Esq., New York, NY, for Defendant Sito.

Defeis, O'Connell & Rose, P.C., New York, NY, by Gregory J. O'Connell, Esq., for Defendant Pothoff.

MEMORANDUM & ORDER

HURLEY, District Judge.

INTRODUCTION

The present lawsuit involves circulation misstatements made by two Long Island newspapers, Newsday and Hoy. In fact, Newsday reported the scheme in its own pages:

Newsday announced yesterday that an internal audit discovered its circulation had been inflated and said it is cutting previously reported figures for a six-month period last year by about 40,000 daily and 60...

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