Deluca v. Access It Group Inc., No. 1:2008cv01699 - Document 15 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER,#98539 defendant's motion to dismiss plaintiff's second cause of action for failure to state a claim under Rule 12(b)(6) is GRANTED. Plaintiff's cross-motion to amend his complaint is GRANTED. Defendant's motion to dismiss plaintiff's entire complaint for insufficient service of process under Rule 12(b)(5) is DENIED. Plaintiff has 30 days from the date of this Opinion and Order to file and serve an amended complaint, along with a summons, and to file pr oof of service with the Court consistent with this Opinion and Order. The parties are ordered to appear for a pre-trial conference in courtroom 18B on 3/18/10, at 10 am. (Signed by Judge Peter K. Leisure on 2/9/10) Copies sent by chambers.(cd) Modified on 2/11/2010 (eef).