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BLUMER v. ACU-GEN BIOLABS, INC.

Civil Action No. 06-10359-RCL.

638 F.Supp.2d 81 (2009)

Jaime BLUMER, et al., Plaintiffs v. ACU-GEN BIOLABS, INC., C.N. Wang, Mommy's Thinkin', Inc., Pregnancy Store, Pregnancystore.Com, and Sherry Bonelli, Defendants.

United States District Court, D. Massachusetts.

July 28, 2009.

Attorney(s) appearing for the Case

Richard E. Cavanaugh, Gallagher & Cavanaugh, LLP, Lowell, MA, Tyson R. Ence, Rosenberg Schapiro Englander Chicoine & Leggett, P.C., Boston, MA, for Defendants.

Barry S. Gainey, Peter J. Lamont, Gainey & McKenna, Midland Park, NJ, Peter A. Lagorio, Lynda Carey Paris, Law Office of Peter A. Lagorio, Boston, MA, for Plaintiffs.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

This putative class action arises from the sales and marketing of the Baby Gender Mentor Kit ("Gender Mentor"), a product which purportedly detects the gender of a fetus through genetic analysis of maternal blood samples. Chang-Ning Wang ("Wang") is the owner and President of Acu-Gen Biolabs, Inc. ("Acu-Gen"), a Massachusetts corporation that manufactures, markets and sells the Gender...

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