Priority Fulfillment Services, Inc. v. Gaiam Americas, Inc. et al
| Priority Fulfillment Services, Inc. |
| Gaiam Americas, Inc., Fit for Life, LLC and FFL.com LLC |
| 1:2017cv05504 |
| July 19, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
64
OPINION & ORDER re: 50 MOTION to Dismiss Defendants' First Amended Counterclaim and Third-Party Complaint filed by PFSweb,Inc., Priority Fulfillment Services, Inc. For the foregoing reasons, the Court grants in part and den ies in part the PFS Parties' second motion to dismiss. The Court dismisses with prejudice (1) Count Two in its entirety, (2) all claims brought by Fit for Life and FFL.com, and (3) Gaiam's counterclaim against PFS. The Court denies the mo tion to dismiss Gaiam's remaining claim: its third-party claim under Colorado law against PFSweb for common law negligent misrepresentation. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 50. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/14/2018) (anc)
|
|
Filing
43
OPINION & ORDER re: 22 MOTION to Dismiss Defendants' Counterclaim and Third-Party Complaint filed by PFSweb,Inc., Priority Fulfillment Services, Inc. For the foregoing reasons, the Court (1) dismisses Counts 3 and 4 of Gaiam' s Counterclaims, with prejudice; and (2) dismisses Counts 1 and 2, without prejudice to Gaiam's right to replead those claims to cure the deficiencies identified herein. The stay of discovery imposed by the Court's Oc tober 23, 2017 Order, Dkt. 33, is hereby lifted. Within one week of this decision, the parties are directed to submit a case management plan to govern discovery consistent with the Court's individual rules. That plan should also set out a deadline of no more than four weeks from the day of this decision for the filing of an amended Counterclaim and Third-Party Complaint. (Signed by Judge Paul A. Engelmayer on 6/11/2018) (mro)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
