U1IT4less, Inc. v. Fedex Corp. et al, No. 7:2011cv01713 - Document 55 (S.D.N.Y. 2012)

Court Description: OPINION AND ORDER: Defendants' Motion to Dismiss as to Counts II, IV and V is GRANTED. Defendants' Motion to Dismiss as to Counts I and III is DENIED. The Clerk of the Court is respectfully directed to terminate the pending motion, (Doc. 42). The parties are directed to appear for a conference on October 26, 2012 at 10:15 a.m. SO ORDERED. (Signed by Judge Cathy Seibel on 9/25/2012) (lnl)