DITOLLA v. DORAL DENTAL IPA OF NEW YORK

Docket No. 06-2324-cv.

469 F.3d 271 (2006)

William J. DiTOLLA, on behalf of himself and all those similarly situated, Plaintiff-Respondent, v. DORAL DENTAL IPA OF NEW YORK, LLC, Doral Dental USA, LLC, and DentaQuest Ventures, LLC, Defendants-Petitioners.

United States Court of Appeals, Second Circuit.

Decided: November 17, 2006.


Attorney(s) appearing for the Case

Peter J. Stone, Foley & Lardner LLP (Brian E. Cothroll, Robert A. Scher, Jeremy L. Wallison, on the brief), Milwaukee, Wisconsin, New York, NY, for Defendants-Appellants Doral Dental IPA of New York, LLC, Doral Dental USA, LLC, DentaQuest Ventures, LLC.

Jerome M. Marcus, Berger & Montague, PC (Jonathan Auerbach, on the brief) Philadelphia, PA, (Thomas E.L. Dewey, Elaine Block, Dewey Pegno & Kramarsky LLP, on the brief), New York, NY, for Plaintiff-Appellee William DiTolla.

Before WESLEY, HALL, Circuit Judges, JONES, District Judge.


HALL, Circuit Judge.

The appeal in this class action asks us to determine the amount in controversy in an action for an accounting where there is no accompanying demand for damages or restitution. Appellants, collectively a third-party administrator of a New York Dental Panel Reimbursement Pool ("the Pool") funded by Medicaid and Medicare, argue that, because DiTolla seeks an accounting of all amounts by which the Pool has been funded and reduced (an estimated $40...

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