DRAKE v. LABORATORY CORP. OF AMERICA HOLDINGS

No. 02-CV-1924 (FB)(RML).

323 F.Supp.2d 449 (2004)

Richard W. DRAKE, Plaintiff, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, Kevin Wilson, Northwest Toxicology, Inc., David J. Kuntz, Elsohly Laboratories, Inc., Dr. William H. Whaley, and West Paces Ferry Medical Clinic, Defendants.

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

July 8, 2004.


Attorney(s) appearing for the Case

Sam O. Maduegbuna, Esq., Maduegbuna Cooper & Ekperigin LLP, New York City, for Plaintiff.

Demetrios C. Batsides, Esq., Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., New York City, for Defendants Laboratory Corporation of America Holdings and Kevin Wilson.

Jeffrey Hurd, Esq., Phelan, Burke & Scolamiero, LLP, Albany, NY, for Defendants Northwest Toxicology, Inc. and David J. Kuntz.

Sean P. Callahan, Esq., Devitt, Spellman Barrett, Callahan & Kenney, LLP, Smithtown, NY, for Defendant ElSohly Laboratories, Inc.

Ira Rosenstein, Esq., Orrick, Herrington & Sutcliffe LLP, New York City, for Defendant William H. Whaley.


MEMORANDUM AND ORDER

BLOCK, District Judge.

Familiarity with the procedural history in this action is presumed. See Drake v. Laboratory Corp. of America Holdings, 290 F.Supp.2d 352, 362-63 (E.D.N.Y.2003). In sum, plaintiff Richard Drake ("Drake") filed a complaint alleging both federal and state claims; in response to defendants' motions to dismiss, the Court dismissed plaintiff's federal claims and...

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