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ROSALES v. FITFLOP USA, LLC

Case No. 11-cv-00973 W (WVG).

882 F.Supp.2d 1168 (2012)

Arianna ROSALES, and Charlice Arnold, on Behalf of Herself, All Others Similarly Situated and the General Public, Plaintiffs, v. FITFLOP USA, LLC, Defendant.

United States District Court, S.D. California.

February 8, 2012.

Attorney(s) appearing for the Case

Janine L. Pollack, Milberg LLP, Joshua Keller, New York, NY, Thomas Joseph O'Reardon, II, Timothy Gordon Blood, Blood Hurst & O'Reardon LLP, San Diego, CA, Patricia N. Syverson, Bonnett Fairbourn Friedman and Balin, Phoenix, AZ, for Plaintiff.

Laura J. McKay, Oakland, CA, Brooke A. Alexander, William S. Ohlemeyer, Boies, Schiller & Flexner LLP, Armonk, NY, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS, AND, IN THE ALTERNATIVE, TO STRIKE [DOC. 14]

THOMAS J. WHELAN, District Judge.

Pending before the Court is Defendant FitFlop USA's ("Defendant") motion to dismiss Plaintiffs' complaint for failure to state a claim upon which relief can be granted. Alternatively, Defendant moves to strike Plaintiffs' class allegations. Plaintiffs oppose. The Court decides the matter on the papers submitted and without oral argument...

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