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PATTERSON v. O'NEAL

Nos. 09-3031 S.C. 09-5322 SC.

673 F.Supp.2d 974 (2009)

Kendrick PATTERSON, Adam Bergman, Michael Attianese, Andrea Levy, Daryl Yeakle, and Raymond R. Plante, each individually and on behalf of all others similarly situated and the general public, Plaintiffs, v. Stephen V. O'NEAL, individually and on behalf of those similarly situated; Thomas Hill, individually and on behalf of those similarly situated; Ellen L. Bastier, individually and on behalf of those similarly situated; Mark Weitzel, individually and on behalf of those similarly situated; Julian Millstein, individually and on behalf of those similarly situated; Jeffrey Steiner, individually and on behalf of those similarly situated; David P. Graybeal, individually and on behalf of those similarly situated; Orrick, Herrington & Sutcliffe LLP, a limited liability partnership; DLA Piper LLP, a limited liability partnership; Nixon Peabody LLP, a limited liability partnership; Howrey LLP, a limited liability partnership; and Morgan Lewis & Bockius LLP, a limited liability partnership, Defendants. Adam Bergman, et al., Plaintiffs, v. Thelen LLP, a California limited liability partnership, and Does 1-500, Defendants.

United States District Court, N.D. California.

November 25, 2009.

Attorney(s) appearing for the Case

Craig Michael Collins, Douglas Lee Thorpe, Steven Aaron Blum, Blum & Collins, LLP, Los Angeles, CA for Plaintiffs.

Matthew Christopher Heyn, Klee, Tuchin, Bogdanoff & Stern, LLP, Richard James Burdge, Jr., Howrey Simon Arnold & White, LLP, Los Angeles, CA, Jonathan W. Hughes, Pamela Phillips, Howard, Rice, Nemerovsky, Canady & Falk, Mary Jo C. Shartsis, Shartsis Friese & Ginsburg, LLP, Wendy Jill Thurm, Keker & Van Nest, LLP, Andrew Ryan Neilson, Brian Jeffrey Smith, John Humbert Riddle, Nixon Peabody, LLP, Jiyun Cameron Lee, Tracy Eila Reichmuth, Folger Levin & Kahn, LLP, San Francisco, CA, Robert C. Bernius, Nixon Peabody, LLP, Washington, DC, for Defendants.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' THIRD CAUSE OF ACTION

SAMUEL CONTI, District Judge.

I. INTRODUCTION

Plaintiffs are former employees of Thelen LLP ("Thelen"), a nationwide law firm that closed its business in 2008. Plaintiffs have brought suit against Thelen, a number of its former partners, and, in this case, five separate law firms that have allegedly...

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