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STATLER v. DELL, INC.

No. CV 10-3798.

775 F.Supp.2d 474 (2011)

Richard STATLER, D.C., individually and on behalf of all others similarly situated, Plaintiff, v. DELL, INC., a Delaware corporation, Defendant.

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

March 30, 2011.

Attorney(s) appearing for the Case

Hagens Berman Sobol Shapiro LLP, By: David S. Nalven, Esq. , Cambridge, MA, Hagens Berman Sobol Shapiro LLP, By: Steve W. Berman, Esq. , Seattle, WA, Levetown & Jenkins, LLP, By: Michael P. Lewis, Esq. , Washington, D.C., for Plaintiff.

Alston & Bird, LLP By Nelson A. Boxer, Esq. , New York, NY, Alston & Bird, LLP, By: Jane Fugate Thorpe, Esq. , Atlanta, GA, for Defendant.

WEXLER, District Judge.

This is an action commenced by Plaintiff Richard Statler ("Plaintiff"), against Dell, Inc. ("Dell") alleging several causes of action arising out of the alleged malfunction of five Dell computers purchased by Plaintiff in 2003. Plaintiffs amended complaint sets forth four causes of action, and seeks to represent a class of others similarly situated. Presently before the court is Defendant's motion, pursuant to Rule 12(b)(6) of the Federal Rules...

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