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VERZANI v. COSTCO WHOLESALE CORPORATION

No. 09 Civ. 2117(CM).

641 F.Supp.2d 291 (2009)

Marc E. VERZANI, individually and on behalf of all others similarly situated, and Robert J. Verzani, individually as Private Attorney General under the laws of the State of Washington, Plaintiff, v. COSTCO WHOLESALE CORPORATION, Defendant.

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

Decision on Reconsideration August 6, 2009.

Attorney(s) appearing for the Case

William Robert Weinstein, Sanford Wittels & Heisler, LLP, New York, NY, Behram Viraf Parekh, Kirtland & Packard LLP, Los Angeles, CA, Michael Louis Kelly, Kirtland & Packard, El Segundo, CA, for Plaintiffs.

Alan C. Raul, Sidley, Austin, Brown & Wood, L.L.P., Washington, DC, James Daniel Arden, Eamon Paul Joyce, Sidley Austin LLP, New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER (1) GRANTING DEFENDANT'S MOTION TO DISMISS THE FIRST CAUSE OF ACTION (2) DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION; and (3) SUA SPONTE TRANSFERRING CLAIMS UNDER WASHINGTON LAW TO THE WESTERN DISTRICT OF WASHINGTON

McMAHON, District Judge.

Plaintiff consumers, Marc Verzani ("M. Verzani") and Robert Verzani ("R. Verzani"), assert three claims in a class action against defendant, Costco Wholesale Corporation ("Costco...

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