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HIGUEROS v. NEW YORK STATE CATHOLIC HEALTH PLAN

No. 07CV0418 (ADS)(ETB).

630 F.Supp.2d 265 (2009)

Thelma HIGUEROS, on behalf of herself and as a class representative of all those similarly situated, Plaintiff, v. NEW YORK STATE CATHOLIC HEALTH PLAN, INC., d/b/a Fidelis Care, Inc., Defendant.

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

June 29, 2009.

Attorney(s) appearing for the Case

Frank & Associates, P.C. by Neil Frank, Esq., of Counsel, Farmingdale, NY, for Plaintiff.

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. by Jennifer B. Rubin, Esq., Jennifer F. DiMarco, Esq., Michael Scott Arnold, Esq., of Counsel, New York, NY, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

I. BACKGROUND

The plaintiff, Thelma Higueros, was a Marketing and Sales Representative for the defendant, New York State Catholic Health Plan, Inc., d/b/a/ Fidelis Care, Inc. ("Fidelis"), from March 11, 2003 until December 16, 2005. The plaintiff makes two sets of allegations in this case. First, on behalf of a class, Higueros alleges that Fidelis failed to pay its sales and marketing...

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