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BLAY v. ZIPCAR

Civil Action No. 09-11683-NMG.

716 F.Supp.2d 115 (2010)

Ryan BLAY, on behalf of himself and others similarly situated, Plaintiff, v. ZIPCAR, Inc., Defendant.

United States District Court, D. Massachusetts.

June 7, 2010.

Attorney(s) appearing for the Case

Brian Wanca, Anderson & Wanca, Rolling Meadows, IL, Eugene R. Richard, Wayne, Richard & Hurwitz, LLP, Boston, MA, Ilan Chorowsky, Progressive Law Group, James M. Smith, Phillip A. Bock, Richard J. Doherty, Boch & Hatch, LLC, Chicago, IL, for Plaintiff.

James W. Prendergast, Wilmer Hale LLP, Karen D. Stringer, Adam S. Gershenson, Harry T. Daniels, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiff Ryan Blay ("Blay") brings a putative class action against defendant Zipcar, Inc. ("Zipcar") for 1) unjust enrichment, 2) money had received and 3) declaratory judgment based upon allegations that certain fees charged to "members" of a rental car company are unlawful. Before the Court are Zipcar's motion to dismiss and Blay's motion to strike.

I. Background

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