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HINES v. OVERSTOCK.COM, INC.

No. 09 CV 991 (SJ).

668 F.Supp.2d 362 (2009)

Cynthia HINES, on behalf of herself and others similarly situated, Plaintiffs, v. OVERSTOCK.COM, INC., Defendant,

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

September 8, 2009.

Attorney(s) appearing for the Case

Harry I. Katz, P.C., by: Harry I. Katz, Victoria L. Weinman, Fresh Meadows, NY, for Plaintiff.

Bracewell & Giuliani LLP, by: Rachel B. Goldman, David John Ball, New York, NY, for Defendant.

MEMORANDUM AND ORDER

JOHNSON, Senior District Judge.

Plaintiff Cynthia Hines ("Plaintiff or "Hines") initiated this purported class action pursuant to the Court's diversity jurisdiction, alleging that defendant Overstock.com, Inc.'s ("Defendant" or "Overstock") decision to impose a "restocking fee" amounted to a breach of contract, fraud, and a violation of New York General Business Law sections 349 and 350. (See generally Compl.) Presently...

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