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RIOS v. DIRECT MAIL EXPRESS, INC.

Nos. 05-61689-CIV, 05-61689-CIV.

435 F.Supp.2d 1199 (2006)

Ramon N. RIOS, Jr, and Winford Melvin on behalf of themselves and all others similarly situated, Plaintiffs, v. DIRECT MAIL EXPRESS, INC., A Florida corporation, Defendant.

United States District Court, S.D. Florida, Miami Division.

May 23, 2006.

Attorney(s) appearing for the Case

Mark S. Fistos, James Hoyer Newcomer Smiljanich, Tallahassee, FL, James Kellogg Green, West Palm Beach, FL, John Allen Yanchunis, Sr., James Hoyer Newcomber Smiljamich, Tampa, FL, Peter A. Portley, Portley & Sullivan, Lighthouse Point, FL, Steven R. Jaffe, David Dickey Welch, Welch Finkel & Schuyler, Pompano Beach, FL, Lawrence Dean Goodman, Devine Goodman Pallot & Wells, Tod N. Aronovitz, Aronovitz Trial Lawyers, Anthony Sanchez, Miami, FL, for Plaintiffs.

Laurence Stephan Litow, Hinshaw & Culbertson, LLP, Fort Lauderdale, FL, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT

COOKE, District Judge.

THIS CAUSE is before the Court upon Defendant's Motion to Dismiss Amended Class Action Complaint (DE 9), filed December 15, 2005. Plaintiffs filed their response on December 29, 2005. Defendant filed its reply on January 26, 2006. The Court having reviewed the Motions and being otherwise fully advised finds, for the reasons set forth below, that Defendant...

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