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HUGHES v. ESTER C CO.

No. 12-CV-0041 (JFB)(ETB).

930 F.Supp.2d 439 (2013)

Patrick HUGHES and Nafise Nina Hodjat, Individually and on behalf of all others Similarly Situated, Plaintiffs, v. The ESTER C COMPANY, NBTY, Inc., and Naturesmart LLC, Defendants.

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

March 15, 2013.

Attorney(s) appearing for the Case

Kim Richman and Michael Robert Reese , Reese Richman LLP, New York, NY, and Patrick J. Sheehan , Whatley Drake & Kallas LLC, Boston, MA, for Plaintiffs.

James D. Arden , Christina Coleman , and Kara L. McCall , Sidley Austin LLP, Chicago, IL, for Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiffs Patrick Hughes ("Hughes") and Nafise Nina Hodjat ("Hodjat") (collectively, "plaintiffs") bring this class action in diversity on behalf of themselves and others similarly situated against Ester-C Company (a subsidiary of NBTY, Inc.), NBTY, Inc., and NatureSmart LLC (collectively, "defendants" or "Ester-C Co."). Specifically, plaintiffs allege that defendants have deceptively marketed their...

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