Metro Mail Services, Inc. v. Pitney Bowes Inc.

Filing 36

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, )

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