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GUIPPONE v. BH S & B HOLDINGS LLC

No. 09 Civ. 1029 (CM).

681 F.Supp.2d 442 (2010)

Michael GUIPPONE, on behalf of himself and all others similarly situated, Plaintiffs, v. BH S & B HOLDINGS LLC, et al., Defendants.

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

January 5, 2010.

Attorney(s) appearing for the Case

Rene Sara Roupinian, Jack A. Raisner, Outten & Golden, LLP, New York, NY for Plaintiffs.

Richard A. Stieglitz, Jr., Dechert, LLP, Peter C. Moskowitz, Jackson Lewis, LLP, Richard P. Swanson, Arnold & Porter, LLP, Israel Dahan, Cadwalader, Wickersham & Taft LLP, Owen L. Cyrulnik, Grais & Ellsworth, LLP, New York, NY, Philip Selden, Justin S. Antonipillai, Marjorie Levine, Arnold & Porter, LLP, Washington DC, for Defendants.

DECISION AND ORDER DISMISSING THE COMPLAINT WITHOUT PREJUDICE / AND SETTING A SCHEDULE FOR A NEW COMPLAINT

McMAHON, District Judge.

INTRODUCTION

The facts relevant to the pending motion to dismiss in this Worker Adjustment and Retraining Notification Act ("WARN Act") case are as follows:

In August 2008, defendant BH S & B Holdings LLC purchased the assets of a corporation known as Steve & Barry's Manhattan LLC ("Steve &...

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