Celebrity Chefs Tour, LLC v. Macy's, Inc.
Opinion
Lead Opinion
Sammartino, J.
ORDER: (1) GRANTING DEFENDANT EXECUTIVE PROGRAM SERVICES INC.’S REQUEST FOR JUDICIAL NOTICE; AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT EXECUTIVE PROGRAM SERVICES, INC.’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)
Presently before the Court is Defendant Executive Program Services, Ine.’s (“EPS”) Motion to Dismiss (“MTD”) Pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 66.) Also before the Court is EPS’s Request for Judicial Notice (“RJN”) (ECF No. 66-2), as well as Plaintiffs Celebrity Chefs Tour, LLC (“CCT”) and Promark Productions, LLC’s (“Pro-mark,” and, collectively, “Plaintiffs”) Response in Opposition to (ECF No. 72) and EPS’s Reply in Support of (ECF No. 75) the MTD. The Court vacated the motion hearing and took the matter under submission without oral argument pursuant to Civil Local Rule 7.1.d.l. (ECF No. 74.) Having considered the parties’ arguments and the law, the Court GRANTS EPS’s RJN and GRANTS IN PART AND DENIES IN PART EPS’s MTD.
BACKGROUND
The Court thoroughly summarized the factual and procedural background of this case in ruling on a related motion to dismiss, and accordingly the Court hereby…