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VIRGILIO v. MOTOROLA, INC.

No. 03 Civ. 10156(AKH).

307 F.Supp.2d 504 (2004)

Lucy VIRGILIO, Personal Representative of Lawrence Virgilio; Geraldine Halderman, Personal Representative of Lt. David Halderman; Eileen Tallon, Personal Representative of Sean Patrick Tallon; Gerard J. Prior, Personal Representative of Kevin M. Prior; Catherine (Sally) Regenhard, Personal Representative of Christian Regenhard; Maureen L. Dewan-Gilligan, Personal Representative of Gerard P. Dewan; James Boyle and Barbara Boyle, Personal Representative of Michael Boyle; Edward J. Sweeney, Personal Representative of Brian Sweeney; Gerald Jean-Baptiste, Co-Personal Representative of Gerard Jean Baptiste, Jr.; Alexander Santora and Maureen Santora, Personal Representatives of Christopher Santora; Raffaella Crisci, Personal Representative of John A. Crisci; and Patricia Deangelis, Personal Representative of Thomas P. DeAngelis Plaintiffs, v. MOTOROLA, INC., and City of New York Defendants.

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

January 30, 2004.

Attorney(s) appearing for the Case

Barry A. Cohen, Cohen, Jayson & Foster, Tampa, FL, Kevin J. Darken, Christopher P. Jayson, Cohen, Jayson & Foster, P.A., Tampa, FL, Richard Salem, Salem Law Group, P.A., Tampa, FL, Cherly L. Shammas, Ellenoff Grossman & Schole, L.L.P., New York City, for plaintiffs.

Michael D. Schissel, Arnold & Porter, New York City, for defendant.

MEMORANDUM AND ORDER

HAIGHT, Senior District Judge.

This Opinion expands upon and amplifies a ruling by this Court in the above captioned matter delivered from the bench on January 22, 2004.

I. BACKGROUND

The original complaint in this case was filed on December 22, 2003 and was subsequently assigned to the calendar of Judge Berman by lot. Time allotted to the City of New York, the only defendant named in the original complaint, to answer...

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