Glen Holly Entertainment, Inc. v. Tektronix, Inc.

ORDER DISMISSING WITHOUT PREJUDICE PLAINTIFFS’ FIFTH, SIXTH, AND SEVENTH CLAIMS IN PLAINTIFF’S FIRST AMENDED COMPLAINT

I. INTRODUCTION

Among other allegations in the present suit, Plaintiff Glen Holly Entertainment, Inc. (“Digital Images”) alleges that Defendant Tektronix, Inc (“Tektronix”) mislead Digital Images about the future of a key product. Tektronix brings the present motion to dismiss Plaintiffs claims for fraud and negligent misrepresentation. Tektronix argues that the claims fail to allege any actionable misstatements and, to the extent that they do allege actionable misstatements, that the claims do not meet the requirements of Fed.R.Civ.P. 9(b).

Tektronix also moves to dismiss the Plaintiffs claim for Promissory Estoppel on the grounds that Plaintiff has failed to allege specific, enforceable promises or the precise nature of Digital Images’ reliance and resulting injury.

The Court has reviewed the allegations in the complaint, and concludes that very few actually constitute statements upon which a listener could have relied. For those few statements, the Court concludes that that Plaintiff has failed to adequately plead reliance. The Court therefore DISMISSES…