Nasdaq, Inc. v. ETF Managers Group, LLC et al, No. 1:2017cv08252 - Document 50 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 33 MOTION to Dismiss Second and Third Counterclaims filed by Nasdaq, Inc., 21 MOTION to Dismiss the Claim Against Him in Plaintiff's Complaint filed by Samuel Masucci. For the foregoin g reasons, Masucci's motion to dismiss the claim against him is granted. Nasdaq's motion to dismiss is granted as to ETFMG's second counterclaim, and held in abeyance as to ETFMG's third counterclaim. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 21. Samuel Masucci terminated. (Signed by Judge Paul A. Engelmayer on 8/21/2018) (mro)