District Court, S.D. New York December 12, 2016, No. 15-CV-9081 (CS) (Bautista v. Cytosport, Inc.)

OPINION AND ORDER

Seibel, District Judge.

Before the Court is Defendant’s Motion to Dismiss Plaintiffs Second Amended Complaint. (Doc. 32.) For the following reasons, the motion is GRANTED.

I. Background

A. Facts

For purposes of this motion, the Court accepts as true the facts, but not the conclusions, alleged by Plaintiff in the Second Amended Complaint (“SAC”), (Doc. 31).