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JOHNSON v. NEXTEL COMMUNICATIONS, INC.

Docket No. 09-1892-cv.

660 F.3d 131 (2011)

Michael S. JOHNSON, individually and on behalf of the class, Donna Dymkowski, individually and on behalf of the class, Patricia Long Correa, individually and on behalf of the class, Antonio Samuel, individually and on behalf of the class, Vincent Hall, individually and on behalf of the class, and Angelette Waters, individually and on behalf of the class, Plaintiffs-Appellants, v. NEXTEL COMMUNICATIONS, INC., a Delaware Corporation, Leeds, Morelli & Brown, Lenard Leeds, Steven A. Morelli, Jeffrey K. Brown, James Vagnini, Federic David Ostrove, Bryan Mazolla, Susan Fitzgerald, John Doe 1-10, a fictitious designation for presently unknown defendants, and Jane Doe 1-10, a fictitious designation for presently unknown defendants, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 26, 2011.

Attorney(s) appearing for the Case

Kenneth S. Thyne , Roper & Twardowsky, LLC, Totowa, NJ, for Plaintiffs-Appellants.

Michael McConnell ( Traci Van Pelt , Robert W. Steinmetz , McConnell, Fleischner, Houghtaling & Craigmile, LLC, Denver, CO, Janice J. DiGennaro & Shari Claire Lewis , Rivkin Radler LLP, Uniondale, NY, on the brief), McConnell, Fleischner, Houghtaling & Craigmile, LLC, Denver, CO, for Defendants-Appellees Leeds, Morelli & Brown, Lenard Leeds, Steven A. Morelli, and Jeffrey K. Brown.

Lawrence R. Sandak ( Thomas A. McKinney , on the brief), Proskauer Rose LLP, Newark, NJ and New York, NY, for Defendant-Appellee Nextel Communications, Inc.

Jason S. Feinstein , Sterns & Weinroth, Trenton, NJ, for Defendants-Appellees Bryan Mazolla and Susan Fitzgerald.

Before: WINTER and HALL, Circuit Judges, and CEDARBAUM, District Judge.

WINTER, Circuit Judge.

This is an appeal from Judge Daniel's dismissal of appellants' class action complaint against Nextel Communications, Inc., the law firm of Leeds, Morelli & Brown, P.C. ("LMB"), and seven of LMB's lawyers (also "LMB"). Appellants are former clients of LMB who retained the firm to bring discrimination claims against Nextel. The class is composed of approximately 587 clients who retained LMB for the same purpose. The complaint asserts a number...

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