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LARY v. REXALL SUNDOWN, INC.

No. 13-CV-5769 (SJF).

74 F.Supp.3d 540 (2015)

John H. LARY, Jr., M.D., individually and as the representative of a class of similarly-situated persons, Plaintiff, v. REXALL SUNDOWN, INC., Rexall Sundown 3001, NBTY, Inc., United States Nutrition, Inc., Corporate Mailings, Inc. d/b/a CCG Marketing Solutions and John Does 1-10, Defendants. Corporate Mailings, Inc. d/b/a CCG Marketing Solutions, Third-Party Plaintiff, v. Healthcare Data Experts, LLC, Third-Party Defendant.

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

Signed February 10, 2015.

Attorney(s) appearing for the Case

Aytan Yehoshua Bellin , Bellin & Associates LLC, White Plains, NY, Brian J. Wanca , Ryan Kelly , Anderson & Wanca, Rolling Meadows, IL, Max Margulis, Margulis Law Group, Chesterfield, MO, for Plaintiff.

John Hooper , Eric F. Gladbach , Reed Smith LLP, New York, NY, Henry Pietrkowski , Reed Smith LLP, Chicago, IL, for Defendants.

OPINION AND ORDER

This putative class action was commenced pursuant to the Telephone Consumer Protection Act of 1991 ("TCPA"), as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. § 227 ("JFPA"). Plaintiff John H. Lary, Jr. ("plaintiff") has moved for class certification pursuant to FRCP 23 and...

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