Priority Fulfillment Services, Inc. v. Gaiam Americas, Inc. et al
Filing 43
OPINION & ORDER re: 22 MOTION to Dismiss Defendants' Counterclaim and Third-Party Complaint filed by PFSweb,Inc., Priority Fulfillment Services, Inc. For the foregoing reasons, the Court (1) dismisses Counts 3 and 4 of Gaiam' s Counterclaims, with prejudice; and (2) dismisses Counts 1 and 2, without prejudice to Gaiam's right to replead those claims to cure the deficiencies identified herein. The stay of discovery imposed by the Court's Oc tober 23, 2017 Order, Dkt. 33, is hereby lifted. Within one week of this decision, the parties are directed to submit a case management plan to govern discovery consistent with the Court's individual rules. That plan should also set out a deadline of no more than four weeks from the day of this decision for the filing of an amended Counterclaim and Third-Party Complaint. (Signed by Judge Paul A. Engelmayer on 6/11/2018) (mro)
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