Metro Mail Services, Inc. v. Pitney Bowes Inc., No. 1:2016cv01416 - Document 36 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION GRANTING IN PART and DENYING IN PART defendant Pitney Bowes, Inc.'s Motion to Limit Damages and to Dismiss Counts II and III of Plaintiff Metro Mail Services, Inc.'s First Amended Complaint, and defendant shall file an answer to Counts I and III of the First Amended Complaint within ten (10) days of the entry of the Order accompanying this Memorandum Opinion. /s/ by District Judge Liam O'Grady on 3/31/17. (tbul, )

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Metro Mail Services, Inc. v. Pitney Bowes Inc. Doc. 36 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Metro Mail Services, Inc., Plaintiff, Civil Action No. l:I6-cv-14I6 PlTNEY Bowes, Inc., Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant Pitney Bowes, Inc.'s ("PBI") Motion to Limit Damages and to Dismiss Counts II and III of Plaintiff Metro Mail Services, Inc.'s ("MetroMaii") First AmendedComplaint ("FAC"). Dkt. No. 26. The dispute arises out of an allegation that Defendant breached its contract with the Plaintiff, fraudulently induced Plaintiff to enter into the contract, and engaged in unfair trade practices pursuant to Connecticut law. For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART the Motion. Coimt K is hereby DISMISSED and Defendant shall file an answer to Counts I and III of the FAC vwthin ten (10) days of the entry of the order accompanying this memorandum opinion. I. Background Plaintiff and Defendant are both engaged in the United States postage meter industry. United States Postal Service Regulations prohibit the sale of postage meters used for printing official U.S. postage. Rather, the meters must be rented from authorized manufacturers or third- party dealers. Both parties areengaged inthe leasing of the meters, andattendant features like scales, "sealers", "feeders", and "inserters" to customers. Pimey also manufactures meters for Dockets.Justia.com

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