Celebrity Chefs Tour, LLC v. Macy's, Inc.
Opinion
Lead Opinion
Sammartino, J.
ORDER: (1) GRANTING DEFENDANT MACY’S, INC.’S REQUEST FOR JUDICIAL NOTICE; AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT MACY’S, INC.’S MOTION TO DISMISS PLAINTIFFS’ COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) (ECF No. 19)
Presently before the Court is Defendant Macy’s, Inc.’s (“Macy’s”) Motion to Dismiss (“MTD”) Plaintiffs Celebrity Chefs Tour, LLC (“CCT”) and Promark Productions, LLC’s (“Promark,” and, collectively, “Plaintiffs”) Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 19.) Also before the Court are Macy’s Request for Judicial Notice (“RJN”) (ECF No. 19-2), Plaintiffs’ RJN (ECF No. 36), 1 and Plaintiffs’ Response in Opposition to (ECF No. 39) and Macy’s Reply in Support of (ECF No. 42) the Motion. The hearing for the Motion was vacated and the matter taken under submission without oral argument pursuant to Civil Local Rule 7.1.d.l. (ECF No. 54.) Having considered the parties’ arguments and the law, the Court GRANTS Macy’s RJN and GRANTS IN PART AND DENIES IN PART Macy’s MTD.
BACKGROUND
The Court thoroughly summarized the factual and procedural background of this case in ruling on a related motion to dismiss, and…