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AOKI v. BENIHANA, INC.

Civ. No. 11-489-SLR.

839 F.Supp.2d 759 (2012)

Keiko Ono AOKI and Benihana of Tokyo, Inc., Plaintiffs, v. BENIHANA, INC., Defendant.

United States District Court, D. Delaware.

March 15, 2012.

Attorney(s) appearing for the Case

David M. Powlen, Esquire and Mark R. Owens, Esquire of Barnes & Thornburg LLP, Wilmington, Delaware. Counsel for Plaintiffs. Of Counsel: James R. Burdett, Esquire and Joseph D. Lewis, Esquire of Barnes & Thornburg LLP.

Robert W. Whetzel, Esquire and Laura D. Hatcher, Esquire of Richards, Layton & Finger, PA, Wilmington, Delaware. Counsel for Defendant. Of Counsel: Alan H. Fein, Esquire, Janet Moreira Gamble, Esquire and Geri E. Fischman, Esquire of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

On June 2, 2011, Keiko Ono Aoki ("Aoki") and Benihana of Tokyo, Inc. ("BOT," collectively "plaintiffs") filed a complaint (D.I. 1) against Benihana, Inc. ("BI" or "defendant") for defamation and injurious falsehood. On June 24, 2011, defendant filed a motion to dismiss ("original motion") (D.I. 6) pursuant to Federal Rule of Civil...

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