Press Access LLC v. 1-800 Postcards, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Press Access LLC v. 1-800 Postcards, Inc.

Press Access LLC v. 1-800 Postcards, Inc.

Plaintiff:	Press Access LLC
Defendant:	1-800 Postcards, Inc.
Case Number:	1:2011cv01905
Filed:	March 18, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Richard J. Holwell
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
December 13, 2011	Filing 36 MEMORANDUM OPINION AND ORDER: Defendant Postcards has moved to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b) (6). For the reasons set forth below, defendant's motion is GRANTED IN PART and DENIED IN PART. Accordingly, defendant's motion with respect to the First Cause of Action of Breach of Contract is GRANTED with prejudice.Plaintiff has failed to state a claim and defendant's motion to dismiss the Second Cause of Action is GRANTED without prejudice. D efendant's motion to dismiss the Third Cause of Action is therefore GRANTED without prejudice. Accordingly, defendant's motion with respect to the Fourth Cause of Action is therefore DENIED. Plaintiff is given 30 days to replead the Second and Third Causes of Action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/13/2011) (ama)

Date Filed

Document Text

December 13, 2011

Filing 36 MEMORANDUM OPINION AND ORDER: Defendant Postcards has moved to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b) (6). For the reasons set forth below, defendant's motion is GRANTED IN PART and DENIED IN PART. Accordingly, defendant's motion with respect to the First Cause of Action of Breach of Contract is GRANTED with prejudice.Plaintiff has failed to state a claim and defendant's motion to dismiss the Second Cause of Action is GRANTED without prejudice. D efendant's motion to dismiss the Third Cause of Action is therefore GRANTED without prejudice. Accordingly, defendant's motion with respect to the Fourth Cause of Action is therefore DENIED. Plaintiff is given 30 days to replead the Second and Third Causes of Action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/13/2011) (ama)

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Plaintiff: Press Access LLC
Represented By:	Linda Mandel Gates
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Defendant: 1-800 Postcards, Inc.
Represented By:	Richard Joel Pilson
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