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Re: Sobeflyer post# 19111

Wednesday, 12/14/2016 1:30:47 PM

Wednesday, December 14, 2016 1:30:47 PM

Post# of 52915
Sobe, where exactly does this lawsuit currently stand?

On another bullboard site, a poster posted the following, which would appear to suggest the lawsuit has been dismissed in its entirety.


IT IS FURTHER ORDERED that Plaintiff shall file its second amended complaint by Thursday , March 5, 2015 . Failure to file a second amended complaint by this date shall result in the Court DISMISSING these claims with prejudice and the case will continue only on Plaintiff's following claims: (1) breach of the implied covenant of good faith and fair dealing; and (2) breach of a consent decree.

..................................................................

On March 5, 2015, Plaintiff filed its Second Amended Complaint, alleging the following causes of action against Defendants: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) tortious breach of the implied covenant of good faith and fair dealing; (5) tortious interference with prospective economic gain; (6) breach of a consent decree; and (7) fraudulent misrepresentation. (SAC ¶¶ 54-125).

...................However, 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 Defendants' Motion for Judgment on the Pleadings (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.


http://www.leagle.com/decision/In%20FDCO%2020150813B23/PLAYERS%20NETWORK,%20INC.%20v.%20COMCAST%20CORPORATION

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