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BRAZIL v. DELL INC.

No. C-07-01700 RMW.

585 F.Supp.2d 1158 (2008)

Chad BRAZIL and Steven Seick individually and on behalf of all others similarly situated, Plaintiffs, v. DELL INC. and Does 1-10, Defendants.

United States District Court, N.D. California, San Jose Division.

July 7, 2008.

Attorney(s) appearing for the Case

Allison Stacy Elgart, Michael W. Sobol, Rachel Geman, Lieff Cabraser Heimann & Berstein LLP, San Francisco, CA, Angelo Salvatore Parise, Daniel Morley Kekoa Hattis, Law Offices of Angelo Salvatore Parise, San Diego, CA, for Plaintiff.

Kim Brightwell, Cory Michelle Mason, Sinead O'Carroll, Paul Schlaud, Reeves & Brightwell LLP, Austin, TX, Carl Brandon Wisoff, Douglas R. Young, Farella Braun & Martel LLP, San Francisco, CA, Thomas E. Gilbertson, Kelley Drye & Warren LLP, Washington, DC, for Defendants.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND TO STRIKE PLAINTIFFS' CLASS ACTION ALLEGATIONS

RONALD M. WHYTE, District Judge.

Defendant Dell Inc. ("Dell") moves to dismiss plaintiffs' First Amended Complaint ("FAC") with prejudice and to strike plaintiffs' class action allegations. Plaintiffs Chad Brazil ("Brazil") and Steven Seick ("Seick") oppose Dell's motion. For the reasons below, the court finds that Texas law applies to...

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