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RUIZ v. BALLY TOTAL FITNESS HOLDING CORP.

Civil Action No. 05-11052-NMG.

447 F.Supp.2d 23 (2006)

Gisselle RUIZ, Individually and on behalf of all others similarly situated, Plaintiff, v. BALLY TOTAL FITNESS HOLDING CORP. and Holiday Universal, Inc., Defendants.

United States District Court, D. Massachusetts.

July 17, 2006.

Attorney(s) appearing for the Case

John J. Roddy, Elizabeth A. Ryan, Roddy, Klein and Ryan, Boston, MA, for Plaintiff.

Howard M. Cooper, Juliet A. Davison, Erica Tennyson, Todd & Weld, Boston, MA, Norman T. Finkel, William R. Klein, Young, Finkel & Silbert Ltd., Chicago, IL, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

The named plaintiff, Gisselle Ruiz ("Ruiz"), brings a putative class action lawsuit on behalf of herself and similarly situated Massachusetts residents against the defendants, Bally Total Fitness Holding Corp. ("Bally") and Holiday Universal, Inc. ("Holiday"). Defendants removed the case from state court on the basis of diversity jurisdiction and have filed a motion to dismiss the complaint for failure to state...

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