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KIST v. SEMPRIS, LLC

Civ. A. No. 13-10262-MLW.

MARCELLA KIST, individually and on behalf of all others similarly situated, Plaintiff, v. SEMPRIS, LLC and DIGITAL RIVER, INC., Defendants.

United States District Court, D. Massachusetts.

April 1, 2014.

Attorney(s) appearing for the Case

Marcella Kist, Plaintiff, represented by Benjamin H. Richman , Edelson P.C., Alicia E. Hwang , Edelson P.C., Christopher Dore , Edelson P.C., David Pastor , Pastor Law Office, LLP, Rafey S. Balabanian , Edelson PC & Steven L. Woodrow , Edelson LLC.

Sempris, LLC, a Delaware limited liability company, Defendant, represented by Brienne M. Letourneau , Jenner & Block LLP, Craig C. Martin , Jenner & Block LLP, David Jimenez-Ekman , Jenner & Block LLP, Gary R. Greenberg , Greenberg Traurig, LLP & Matthew R. Devine , Jenner & Block LLP.

Digital River, Inc., a Delaware corporation, Defendant, represented by Christopher P. Sullivan , Robins, Kaplan, Miller & Ciresi L.L.P., Lisa A. Furnald , Robins, Kaplan, Miller & Ciresi L.L.P., Michael A. Geibelson , Robins, Kaplan, Miller & Ciresi L.L.P. & Morgia D. Holmes , Robins, Kaplan, Miller & Ciresi LLP.

ORDER

MARK L. WOLF, District Judge.

As stated at the March 31, 2014 hearing, it is hereby ORDERED that:

1. Defendant Sempris, LLC's Motion to Dismiss Counts II, III, IV and V of the First Amended Complaint (Docket No. 35) and defendant Digital River, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, Motion for More Definite Statement (Docket No. 39) are DENIED.

2. By April 18, 2014, the parties shall, as...

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