No. 09-CV-6264L.

747 F.Supp.2d 384 (2010)

IRONFORGE.COM individually and for all others similarly situated, Road Service, Inc. individually and for All Service Inc., Handyman Home Solutions, Inc. individually and for all others similarly situated, Plaintiff, v. PAYCHEX, INC., Defendant.

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

October 5, 2010.

Attorney(s) appearing for the Case

Christina Marie Coleman , Lisa L. Maki , Lisa L. Maki Law Offices, Los Angeles, CA, John G. Balestriere , Balestriere Fariello , New York, NY, for Plaintiff.

Bethany A. Pelliconi , Matthew Charles Kane , McGuire Woods LLP, Los Angeles, CA, Laura W. Smalley , Paul J. Yesawich, III , Bryan Christopher Smith , Harris Beach LLP, Pittsford, NY, for Defendant.


DAVID G. LARIMER, District Judge.

This action was commenced in October 2008 by plaintiff ("Ironforge") in the United States District Court for the Central District of California in October 2008, against defendant Paychex, Inc. That court transferred the action to this district in May 2009, pursuant to 28 U.S.C. § 1404(a).

In January 2009, Ironforge filed the first amended complaint ("FAC"), which, inter...

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