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U1IT4LESS, INC. v. FEDEX CORP.

No. 11-CV-7163 (CS).

896 F.Supp.2d 275 (2012)

U1IT4LESS, INC. d/b/a Nybikegear, Plaintiff, v. FEDEX CORPORATION, FedEx Corporate Services, Inc., and FedEx Ground Package System, Inc., Defendants.

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

September 25, 2012.

Attorney(s) appearing for the Case

Michael J. Paleudis , The Paleudis Law Firm, Putnam Valley, NY, H. Kenneth Kudon , Kudon Law, Potomac, MD, Joe R. Whatley , R. Jackson Drake , Edith M. Kallas , Ilze C. Thielmann , Whatley Drake & Kallas, LLC, New York, NY, for Plaintiff.

P. Daniel Riederer , FedEx Legal Department, Memphis, TN, for Defendants FedEx Corporation and FedEx Corporate Services, Inc.

Joeseph P. McHugh , FedEx Ground Package System, Inc. Moon Township, PA, for Defendant FedEx Ground Package System, Inc.

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court is Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint pursuant to Rules 9(b) and 12(b)(6), (Doc. 42). For the following reasons, Defendants' Motion is GRANTED IN PART and DENIED IN PART.

I. Background

For purposes of Defendants' Motion, I accept as true the facts (but not the conclusions) as stated in the Second Amended Complaint ...

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