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IN RE BALLY TOTAL FITNESS OF GREATER NEW YORK

No. 09 Civ. 4250(JSR).

411 B.R. 142 (2009)

In re BALLY TOTAL FITNESS OF GREATER NEW YORK, INC., et al., Debtors. Carrera Plaintiffs, Plaintiffs-Appellants, v. Bally Total Fitness of Greater New York, et al., Defendants-Appellees.

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

August 7, 2009.

Attorney(s) appearing for the Case

Craig Nathan Dee, Cullen and Dykman, LLP (Nassau), Garden City, NY, James M. Trush, Trush Law Office, Costa Mesa, CA, for Appellants.

Paul Joseph Coady, Winston & Strawn LLP, Los Angeles, CA, Paul Bradley O'Neill, Kramer, Levin, Naftalis & Frankel, LLP, New York, NY, for Appellee.

MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

Plaintiffs Cesar Carrera, Kevin Lai, and Danna Brown (the "Carrera Plaintiffs"), on behalf of themselves and all others similarly situated, appeal from an order of the United States Bankruptcy Court (Lifland, B.J.), dated April 7, 2009 denying plaintiffs' motions to allow a class proof of claim, to grant class certification, and/or to lift the automatic stay. After careful consideration of the...

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