Johnson v. West Publishing Corporation

Filing 21

RESPONSE to motion re 18 MOTION to dismiss case filed by Ben Barnow on behalf of Plaintiff Marcy A. Johnson. Reply suggestions due by 5/27/2010 unless otherwise directed by the court (Barnow, Ben)

In the United States District Court Western District of Missouri Central Division MARCY A. JOHNSON, individually and on behalf of all others similarly situated, Plaintiff, v. WEST PUBLISHING CORP., a Minnesota Corporation, Defendant. Plaintiff's Response to Defendant's Motion to Dismiss Count II of Plaintiff's Complaint Defendant West Publishing Corp. ("West Publishing") has moved to dismiss Count II (Unjust Enrichment) of Plaintiff's Class Action Complaint ("Complaint"). [D.E. #18] Plaintiff does not seek to pursue her unjust enrichment count at this time, and, accordingly, hereby withdraws it. Case No: 10-04027-CV-C-NKL Honorable Nanette K. Laughrey Jury Trial Demanded

Dated: May 10, 2010

By:

/s/ Ben Barnow____________ Ben Barnow (admitted pro hac vice) Barnow and Associates, P.C. 1 North LaSalle Street, Suite 4600 Chicago, IL 60602 [phone] [phone] Fax [e-mail]

Attorneys for Plaintiffs

Matthew D. Meyerkord #56662 The Meyerkord Law Firm of Kansas City 1828 Swift Ave., Suite 406 Kansas City, MO 64116 [phone] [phone] (fax) [e-mail] www.meyerkordkc.com

Of Counsel:
John S. Steward Steward Law Firm, LLC 5201 Hampton Avenue St. Louis, Missouri 63109 [phone] [phone] (fax) [e-mail]

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Certificate of Service I, Ben Barnow, hereby certify that Plaintiff's Response to Defendant's Motion to Dismiss Count II of Plaintiff's Complaint was served electronically via the Court's electronic filing system this 10th day of May, 2010, to the attorneys of record herein. /s/ Ben Barnow________

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