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SMITH v. UNDER ARMOUR, INC.

Case No. 08-22835-CIV.

593 F.Supp.2d 1281 (2008)

Allison SMITH, Plaintiff, v. UNDER ARMOUR, INC., Defendant.

United States District Court, S.D. Florida, Miami Division.

December 18, 2008.

Attorney(s) appearing for the Case

Matthew Jon Militzok, Hollywood, FL, for Plaintiff.

William Patrick Heller, Akerman Senterfitt & Eidson, Fort Lauderdale, FL, Renee L. Zipprich, Richard E. Gottlieb, Dykema Gossett PLLC, Chicago, IL, Samuel Swain Heywood, Akerman Senterfitt, Miami, FL, for Defendant.

ORDER

CECILIA M. ALTONAGA, District Judge.

THIS CAUSE came before the Court upon Defendant, Under Armour, Inc.'s Motion to Dismiss [D.E. 11], filed on November 24, 2008. The undersigned has carefully reviewed the Motion, the record, and applicable law.

I. BACKGROUND

On October 10, 2008, Plaintiff, Allison Smith, filed her Complaint [D.E. 1] alleging violations of the Fair and Accurate Credit Transactions Act ("FACTA...

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