nor,. And we would ask that you. would grant our motion to dismiss for failure to state a cause of action. THE COURT.: Okay\ M_:;,. Fingerhut' i:l.TE;'! yqu $'.till on t:h~ phone? MS, FINGERHUT: Yes, your Honor. THE COURT: Is there artythihg you wish to add? MS. FINGERHUT: We agree with the