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HINES v. OVERSTOCK.COM, INC.

No. 09 CV 991 (SJ).

CYNTHIA HINES, on behalf of herself and others similarly situated, Plaintiffs, v. OVERSTOCK.COM, INC., Defendant.

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

August 19, 2013.

Attorney(s) appearing for the Case

Harry I. Katz, Victoria L. Weinman, HARRY I. KATZ, P.C., Fresh Meadows, NY. Peta Gordon, Myron Kirschbaum, Angela R. Vicari, KAYE SCHOLER LLP. New York, NY, Attorneys for Plaintiff.

Jonathan D. Their, Krista Friedrich, Jason M. Hall, Guillaume Buell, CAHILL GODRON & REINDEL LLP, New York, NY, Attorneys for Defendant.

MEMORANDUM AND ORDER

STERLING JOHNSON, Jr., District Judge.

Plaintiff Cynthia Hines ("Plaintiff" or "Hines") initiated this putative class action pursuant to the Court's diversity jurisdiction, alleging that defendant Overstock.com, Inc.'s ("Defendant" or "Overstock") decision to impose a "restocking fee" amounted to consumer fraud, unjust enrichment and a violation of various state consumer protection statutes. (See generally Am....

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