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LEVINE v. ATRICURE, INC.

No. 06 Civ. 14324(RJH).

508 F.Supp.2d 268 (2007)

Howard LEVINE, Plaintiff, v. ATRICURE, INC., et al., Defendants.

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

September 13, 2007.

Attorney(s) appearing for the Case

Samuel Howard Rudman, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIS), Melville, NY, Benjamin J. Hinerfeld, Katharine M. Ryan, Schiffrin Barroway Topaz & Kessler, LLP, Radnor, PA, for Plaintiff.

Douglas M. Kraus, Skadden, Arps, Slate, Meagher & Flom LLP, William Joseph Sushon, O'Melveny & Myers, LLP, New York, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

Before the Court are two motions: a motion to dismiss named plaintiff Howard Levine's complaint pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure; and a motion to appoint James Duncan and Jackie Byrd as lead plaintiffs and to approve their selection of co-lead counsel. Defendants AtriCure, Inc., David J. Drachman, and Thomas Etergino oppose the motion to...

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