Players Network Inc. (fka PNTV)

[FreezeThese]

No real reason for Comcast to entertain a settlement at this point - they just successfully overcame 5 of PNTV's 7 claims by having them dismissed [with prejudice no less]. The remaining claims are Breach of Contract and Breach of a Consent Decree - and they've pled 19 affirmative defenses in response.

...Plaintiff has had an opportunity to amend these claims and has not cured the deficiencies identified by the Court. Accordingly, the Court finds that further amendment would be futile.

IV. Conclusion

IT IS HEREBY ORDERED that Motion for Judgment on the Pleading (ECF No. 43) is GRANTED. The following claims are dismissed with prejudice: (1) breach of the implied covenant of good faith and fair dealing insomuch as is premised on an implied contractual obligation that Defendants utilize dynamic ad insertion; (2) breach of fiduciary duty; (3) tortious breach of the implied covenant of good faith and fair dealing; (4) tortious interference with prospective economic advantage; and (5) fraudulent misrepresentation.

And for those looking for swift resolution, from the Joint Interim Status Report...

Three alternative trial dates: Should the discovery deadlines set forth in the Court’s Scheduling Order remain unchanged, the parties propose the following three alternative weeks for trial:
-September 12, 2016
-September 26, 2016
-October 10, 2016