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HUGHES v. ESTER C CO.

No. 12-CV-0041 (JFB)(ETB).

930 F.Supp.2d 439 (2013)

Patrick HUGHES and Nafise Nina Hodjat, Individually and on behalf of all others Similarly Situated, Plaintiffs, v. The ESTER C COMPANY, NBTY, Inc., and Naturesmart LLC, Defendants.

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

March 15, 2013.

Attorney(s) appearing for the Case

Kim Richman and Michael Robert Reese, Reese Richman LLP, New York, NY, and Patrick J. Sheehan, Whatley Drake & Kallas LLC, Boston, MA, for Plaintiffs.

James D. Arden, Christina Coleman, and Kara L. McCall, Sidley Austin LLP, Chicago, IL, for Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiffs Patrick Hughes ("Hughes") and Nafise Nina Hodjat ("Hodjat") (collectively, "plaintiffs") bring this class action in diversity on behalf of themselves and others similarly situated against Ester-C Company (a subsidiary of NBTY, Inc.), NBTY, Inc., and NatureSmart LLC (collectively, "defendants" or "Ester-C Co."). Specifically, plaintiffs allege that defendants have deceptively marketed their...

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