Oversee.net Motion to Dismiss in Monte Cahn Lawsuit — Court Grants
Court grants Oversee.net’s Motion to Dismiss a number of claims brought by former employee Monte Cahn.
A U.S. District Court has granted Oversee.net’s latest motion to dismiss in a lawsuit brought by former employee and Moniker founder Monte Cahn (pdf).
Oversee.net had requested the court to dimiss a number of claims in Cahn’s second ammended complaint against the firm. Oversee.net states the claims were merely rehashes of previous claims the court dismissed.
With regards to Cahn’s Fifth Claim for Fraud, in which he argued “Ng and Kupietzky knew that Oversee had a contract with Google that would render it impossible for TrafficClub to continue to operate in the same manner following the merger”, the court stated Cahn did not provide enough information in his complaint:
Still, Plaintiff’ fails to identify what, exactly TrafficClub is, how the alleged contract between Oversee and Google was inconsistent with TrafficClub’s business model and operations or how, and to what extent, that alleged inconsistency would impact Plaintiff’s ability to achieve the performance incentives under the MIP. Therefore, while the Court does not opine on whether a further amended claim would satisfy the requirements of Rule 9(b), the Court believes that dismissal without prejudice is appropriate.
In other words, Cahn needs to provide more details if he wants this to stick.
Cahn’s Sixth Claim for Conversion, in which he states Oversee.net took some of his domain names, was dismissed under the statute of limitations.
Cahn also had a seventh claim for conversion, in which he states he was locked out of his personal account at Moniker over the summer for a limited time. This was also dismissed. Since Cahn now has access to the domains, the court ruled this claim is simply one for money.
The court also threw out a claim for punitive damages since it dismissed the claim for fraud.
Since the claims were dismissed without prejudice, don’t be surprised if Cahn responds with further arguments.
