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GILBERT v. THE HOME DEPOT, INC.

No. 13-CV-853S.

BRENDAN GILBERT, individually and on behalf of all others similarly situated Plaintiff, v. THE HOME DEPOT, INC., THE HOME DEPOT SPECIAL SERVICES, INC., And HOME DEPOT, U.S.A., INC., Defendants.

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

September 30, 2014.

Attorney(s) appearing for the Case

Brendan Gilbert, individually and on behalf of all others similarly situated, Plaintiff, represented by Jeffrey F. Reina , Lipsitz, Green, Scime, Cambria LLP & Joseph J. Manna , Lipsitz Green Scime Cambria LLP.

The Home Depot, Inc., Defendant, represented by Vivian M. Quinn , Nixon Peabody LLP.

The Home depot Special Services, Inc., Defendant, represented by Vivian M. Quinn , Nixon Peabody LLP.

Home Depot U.S.A., Inc., Defendant, represented by Vivian M. Quinn , Nixon Peabody LLP.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief District Judge.

1. In this putative class action, Plaintiff alleges that Defendants (collectively "Home Depot") improperly collect state and local sales taxes on a Damage Protection plan (the "Plan") that is offered to New York customers who enter into a Home Depot Tool Rental Agreement. Plaintiff, who rented three pieces of equipment from Home Depot on June 15, 2013, and chose to purchase...

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