Priority Fulfillment Services, Inc. v. Gaiam Americas, Inc. et al, No. 1:2017cv05504 - Document 64 (S.D.N.Y. 2018)

Court Description: 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)