Clear Connection Corp. v. Comcast Cable Communications Management, LLC

Good Law
149 F. Supp. 3d 1188·2015 WL 8214006
United States District Court, Eastern District of CaliforniaDecember 8, 2015No. 2:12-cv-02910-TLN-CKDCalifornia8,821 words

Opinion

Lead Opinion

Nunley, J.

*1193 ORDER

This matter is before the Court on Defendant and'Counterclaimant Comcast'Ca-ble Communications Management, LLC’s (“Comcast”) motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) (“Rule 12(c)”). (ECF No. 54.) Plaintiff ■ and Counter-Defendant Clear Connection Corporation (“Clear Connection”) opposes the motion. (ECF No. 55;) Clear Connection also moves for judgment on the pleadings under Rule 12(c). (ECF No. 56.) Comcast opposes the motion. (ECF No. 59.) For the reasons set forth below, Comcast’s motion is GRANTED IN PART AND DENIED IN PART and Clear Connection’s motion is DENIED,

I. Background

Clear Connection is a cable installation company incorporated in California. (PL’s First Am. Compl., ECF 42 at ¶ 1.) This matter arises out of Clear Connection’s allegations that Comcast terminated its commercial agreement in which. . Clear Connection was to. provide cable technician services to Comcast .customers.. Comcast requires every company that wants to perform cable installation .work for Comcast to sign a Preferred Vendor Agreement (“PVA”) or a substantially similar document. .(ECF No. 42 at ¶ 11.) Clear Connection entered into a PVA…

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