District Court, E.D. New York March 19, 2010, 09-CV-1582 (JG) (Spirit Locker, Inc. v. Evo Direct, LLC)

MEMORANDUM AND ORDER

JOHN GLEESON, District Judge:

Spirit Locker, Inc. brings this diversity action against EVO Direct, LLC (“EVO”), alleging that an early termination fee in the contract between the parties is an unlawful penalty. The complaint asserts causes of action for deceptive practices and for unjust enrichment. EVO now moves to dismiss each of these claims.