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STARKE v. UNITED PARCEL SERVICE, INC.

No. 10-CV-1225 (NGG)(VMS).

898 F.Supp.2d 560 (2012)

Adam STARKE, on his behalf individually and on behalf of all other persons similarly situated, Plaintiff, v. UNITED PARCEL SERVICE, INC., also known as United Parcel Service Co., also known as United Parcel General Services Co., Defendant.

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

September 24, 2012.

Attorney(s) appearing for the Case

Mark Schlachet, Law Offices of Mark Schlachet, Beachwood, OH, for Plaintiff.

James M. Bergin, Morrison & Foerster, New York, NY, Paul T. Friedman, Morrison & Foerster LLP, San Francisco, CA, Gregory B. Koltun, Morrison & Foerster LLP, Los Angeles, CA, for Defendant.

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

United Parcel Service, Inc. ("UPS"), a well-known package delivery carrier, moves to dismiss Adam Starke's second amended complaint ("Complaint") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. At issue in this case is the meaning of a provision in UPS's standard shipping contract. Starke paid UPS to deliver a letter by the next morning, but, because of the foreseeable effects...

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