District Court, E.D. New York September 26, 2008, 07CV5402 (ADS)(ARL) (Simply Fit of North America, Inc. v. Poyner)

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MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

The plaintiff Simply Fit North America, Inc. d/b/a Simply Fit of the Northeast (“Northeast”) commenced this action on December 28, 2007, alleging

inter alia

fraud and breach of contract against Cort L. Poyner, Robert L. Cox, Ishmael Gonzalez, Daniel Minahan, Simply Fit Holdings Group, Inc. (“Holdings”), and Simply Fit Holdings, L.L.C.