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LIMA v. GATEWAY, INC.

Case No. SACV 09-01366 DMG (MLGx).

710 F.Supp.2d 1000 (2010)

Mark D. LIMA, on behalf of himself and all others similarly situated, Plaintiff, v. GATEWAY, INC., Defendant.

United States District Court, C.D. California.

April 26, 2010.

Attorney(s) appearing for the Case

Alexis Alexander Phocas , Gordon M. Fauth, Jr. , Litigation Law Group, Alameda, CA, Rosemary M. Rivas , Tracy Tien, Finkelstein Thompson LLP, San Francisco, CA, for Plaintiff.

Paul F. Rafferty , Christopher Andrew Bauer, Jones Day, Irvine, CA, for Defendant.

ORDER RE DEFENDANT'S MOTION TO DISMISS [9]

DOLLY M. GEE, District Judge.

This matter is before the Court on Defendant's Motion to Dismiss. A hearing was held on April 26, 2010, at which the parties appeared through their attorneys of record. For the reasons set forth below, the Motion to Dismiss is DENIED.

I.

PROCEDURAL HISTORY

On November 23, 2009, Plaintiff Mark D. Lima filed a Class Action Complaint against Defendant...

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