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Re: lesgetrich post# 19122

Wednesday, 12/14/2016 6:11:47 PM

Wednesday, December 14, 2016 6:11:47 PM

Post# of 52915
Les, thank you very much for your reply and trying to figure this out

I was trying to go through these court docs in chronological order, and your link appears to be the initial February court decision in that PNTV is given an opportunity to argue the merit of 4 of the 6 claims by filing additional facts in a second amended complaint on or before March 5, 2015, which PNTV did.

This is the link to the March 5 amended complaint filed by PNTV.

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


Of the initial six claims that the Court has granted Defendants' Motion to Dismiss, the Courts order two that are dismissed with prejudice.

........"First, the Court finds that leave to amend Plaintiff's claim of fraudulent inducement would be futile. Second, the Court finds that leave to amend Plaintiff's claim of declaratory judgment would also be futile. Accordingly, these two claims are dismissed with prejudice.

On the other hand, the Court finds that Plaintiff may be able to plead additional facts to support the following causes of action: (1) breach of contract; (2) breach of fiduciary duty; (3) tortious breach of the implied covenant of good faith and fair dealing; and (4) tortious interference with prospective economic advantage.

Accordingly, because the Court finds that Plaintiff may be able to plead additional facts to support these causes of action, the Court will grant Plaintiff leave to file a second amended complaint.

Plaintiff shall file its second amended complaint by Thursday , March 5, 2015 , if it can allege sufficient facts that plausibly establish the following claims against Defendants: (1) breach of contract; (2) breach of fiduciary duty; (3) tortious breach of the implied covenant of good faith and fair dealing; and (4) tortious interference with prospective economic advantage.

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.

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