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BERNSTEIN v. EXTENDICARE HEALTH SERVICES, INC.

Civil No. 08-5874 (DWF/JSM).

607 F.Supp.2d 1027 (2009)

Laura BERNSTEIN, individually and on behalf of All Others Similarly Situated, Plaintiff, v. EXTENDICARE HEALTH SERVICES, INC. and Extendicare Homes, Inc., Defendants.

United States District Court, D. Minnesota.

March 4, 2009.

Attorney(s) appearing for the Case

Brad J. Moore, Esq., Kevin Coluccio, Esq., and Paul L. Stritmatter, Esq., Stritmatter Kessler Whelan Coluccio; David M. Medby, Esq., and Stephen M. Garcia, Esq., The Garcia Law Firm; and Gale D. Pearson, Esq., Kenneth L. LaBore, Esq., and Stephen J. Randall, Esq., Pearson, Randall & Schumacher, PA, counsel for Plaintiff.

Barbara J. Duffy, Esq., Ryan P. McBride, Esq., and Vicki L. Smith, Esq., Lane Powell PC; and Steven E. Rau, Esq., Flynn Gaskins & Bennett, LLP, counsel for Defendants.

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, District Judge.

INTRODUCTION

This matter is before the Court upon a Motion to Dismiss brought by the Defendants Extendicare Health Services, Inc. and Extendicare Homes, Inc. ("Defendants"). For the reasons set forth below, the Court grants Defendants' motion.

BACKGROUND

Defendants own and operate nursing homes in numerous states, including Minnesota. Plaintiff Laura Bernstein ("Plaintiff...

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