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SPIRIT LOCKER, INC. v. EVO DIRECT, LLC

No. 09-CV-1582 (JG).

696 F.Supp.2d 296 (2010)

SPIRIT LOCKER, INC., Plaintiff, v. EVO DIRECT, LLC, d/b/a Evo Merchant Services, Inc., Defendant.

United States District Court, E.D. New York.

March 19, 2010.

Attorney(s) appearing for the Case

Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, P.C. by Lindsey H. Taylor, Roseland, NJ, Seeger Weiss LLP by Christopher Seeger, Stephen A. Weiss, New York, NY, Freed & Weiss LLP by Eric D. Freed, Jeffrey A. Leon, Eric C. Brunick, Chicago, IL, for Plaintiff.

Pepper Hamilton LLP by Kenneth J. King, Angelo Stio, Michael J. Canavan, New York, NY, for Defendant.

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. For the reasons explained below, I grant EVO's motion to dismiss the deceptive practices...

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