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SORRENTINO v. ASN ROOSEVELT CENTER LLC

Nos. 08CV0550 (ADS)(ETB), 08CV1010 (ADS)(ETB), 08CV1751 (ADS) (ETB).

584 F.Supp.2d 529 (2008)

Andrea SORRENTINO, D'Angelo and Patricia Jackson, Louis Apa, Steven Andelman, Peedo and Saifon Pituk, Manny Delmas and Barbara Lindon, Chandeep Sodhi, Jaspreet Sodhi, Jaclyn Tesoriero, Kimberly Cilone, Marie Varallo, and Hsiangchi Hsu, individually and on behalf of themselves and all other persons similarly situated, Plaintiffs, v. ASN ROOSEVELT CENTER, LLC d/b/a Archstone Westbury, Archstone Smith Communities LLC, Archstone Smith Operating Trust, John Doe Corporation I Through X, Defendants. Jessica Ventimiglia, Paul Pfleiderer, Gina Eppolito, Wendy Williams-McDonnell, Mark McDonnell, Darryl J. Osojnak, Beth Osojnak, Sharise Greenwald, Leonard Wasserman, Albert Comanda, and Angeline Comanda, individually and on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Tishman Speyer Archstone-Smith Westbury, L.P., f/k/a ASN Roosevelt Center, LLC d/b/a Archstone Westbury, Defendant. In re Archstone Westbury Tenant Litigation.

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

October 31, 2008.

Attorney(s) appearing for the Case

Lowey Dannenberg Cohen & Hart, P.C. Malverne, NTY (Richard Wolfe Cohen, Jeanne F. D'Esposito, Scott Vincent Papp, Of Counsel), for Plaintiffs.

Westerman Ball Ederer Miller & Sharfstein, LLP, Mineola, NY (William Edward Vita, Jennifer L. Noe, Of Counsel), Shook Hardy & Bacon, LLP, Washington, DC (Peter Strand, David Thorne, Rebecca Schwartz, Of Counsel), for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

I. BACKGROUND

The present motion highlights the need to balance the first amendment rights of defendants to communicate with absent putative class plaintiffs against the protection of those absent parties from settlement offers that are potentially overreaching or coercive.

The plaintiffs are former tenants of a luxury apartment complex located at 1299 Corporate Drive, Westbury...

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