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THORPE v. ABBOTT LABORATORIES, INC.

No. C-07-05672 RMW.

534 F.Supp.2d 1120 (2008)

Paul THORPE, on behalf of himself and others similarly situated, Plaintiffs, v. ABBOTT LABORATORIES, INC., a Delaware corporation, doing business in California as Abbott Sales, Marketing & Distribution Co., Defendant.

United States District Court, N.D. California, San Jose Division.

February 12, 2008.

Attorney(s) appearing for the Case

Eric B. Kingsley, Darren M. Cohen, George R. Kingsley, Kingsley & Kingsley, Encino, CA, Michael Palmer, Charles Joseph, Joseph & Herzfeld LLP, New York City, David W. Sanford, Meenoo Chahbazi, Sanford, Wittels & Heisler, LLP, Grant Morris, Law Offices of Grant Morris, Washington, DC, Gregory N. Karasik, Ira Spiro, Spiro Moss Barness LLP, Los Angeles, CA, James A. Jones, Gillespie Rozen Watsky & Jones, P.C., Dallas, TX, for Plaintiffs.

Aaron L. Agenbroad, Jones Day, San Francisco, CA, Michael Jeffrey Gray, Jones Day, Chicago, IL, for Defendant.

ORDER DENYING MOTION TO DISMISS OR STRIKE CLASS ALLEGATIONS

RONALD M. WHYTE, District Judge.

Paul Thorpe originally filed his complaint on behalf of himself and others similarly situated against defendant Abbott Laboratories, Inc. ("Abbott") in California state court on September 25, 2007. Abbott removed the action to federal court on November 7, 2007, basing jurisdiction on 28 U.S.C. § 1332(d) as amended by the Class Action Fairness Act of 2005 ("CAFA...

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