Simply Fit of North America, Inc. v. Poyner

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., (collectively, the “defendants”). The action arises from an exclusive distributorship agreement for the distribution of the defendants’ wellness-drink product, “Simply-Fit.” Presently before the Court is the…