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PELMAN v. MCDONALD'S CORP.

No. 02 Civ. 7821(RWS).

452 F.Supp.2d 320 (2006)

Ashley PELMAN, a child under the age of 18 years, by her Mother and Natural Guardian Roberta Pelman, Roberta Pelman, Individually, Jazlyn Bradley, a child under the age of 18 years, by her Father and Natural Guardian Israel Bradley, and Israel Bradley, Individually, Plaintiffs, v. MCDONALD'S CORPORATION, Defendant.

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

September 16, 2006.

Attorney(s) appearing for the Case

Samuel Hirsch & Associates, New York, NY (Samuel Hirsch, of counsel), for Plaintiffs.

Winston & Strawn, New York, NY (Thomas J. Quigley, Bradley E. Lerman, Bruce R. Braun, Scott P. Glauberman, of counsel), for Defendant.

OPINION

SWEET, District Judge.

Defendant McDonald's Corporation ("McDonald's" or the "Defendant") has moved pursuant to Rules 12(e) and 41(b), Fed.R.Civ.P., to strike and dismiss the Second Amended Complaint (the "SAC") of plaintiffs Ashley Pelman and putative class members (the "Plaintiffs").

For the reasons set forth below, the motion to strike is granted in part and denied in part.

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