Berle M. Schiller
ORDER
AND NOW, this 25th day of January, 2013, upon consideration of Defendant's Motion to Dismiss, and Plaintiff's response thereto, and for the reasons set forth in the Court's Memorandum dated January 25, 2013, it is hereby ORDERED that:
1. The motion (Document No. 3) is
GRANTED as to Plaintiff's claim for breach of fiduciary duty.
2. The motion is DENIED as to Plaintiff's claims for bad faith and breach of duty of good faith and fair dealing, and as to Plaintiff's request for attorneys' fees.
BY THE COURT:
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Berle M. Schiller , J.