OTG Brands LLC et al v. Walgreen Co. et al

Filing 52

OPINION & ORDER re: 40 MOTION to Dismiss Second Amended Complaint. filed by David J. Betrus d/b/a TM MARKETING AND SALES INC., David J. Betrus, TM Sales and Marketing, 38 MOTION to Dismiss the Second Amended Complaint and/ or Strike Portions of the Second Amended Complaint. filed by Walgreen Co., Catalina Marketing Corporation, 42 MOTION to Dismiss the Second Amended Complaint and/or Strike Portions of the Second Amended Complaint. filed by Nich Marketing Services Inc.. For the reasons stated herein, Walgreens and Catalina's motion to dismiss (ECF No. 38) is GRANTED IN PART AND DENIED IN PART. All claims asserted by Plaintiff DNE and all claims asserted against Defendant Catalina a re hereby DISMISSED. Counts I, III, and V through VIII are DISMISSED as against Defendant Walgreens. Defendant NCH and Defendants Betrus and TM Marketing's motions to dismiss (ECF Nos. 40 & 42) are GRANTED. The Court will also hold a status con ference on April 16, 2015 at 11:30 a.m. Counsel for OTG and Walgreens should report in person to Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New york, NY at that date and time. (Signed by Judge Andrew L. Carter, Jr on 3/31/2015) (kgo) Modified on 3/31/2015 (kgo).