Black Mountain Equities, Inc. v. Players Network, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
10 BLACK MOUNTAIN EQUITIES, Case No. 18-cv-1745-BAS-KSC INC., et al.,
ORDER GRANTING
Plaintiffs, PLAINTIFFS’ MOTION TO
DISMISS
v. [ECF No. 58] PLAYERS NETWORK, INC.,
Defendant.
17 This case began in July 2018 when Plaintiffs Black Mountain Equities, Inc. 18 and Gemini Special Opportunities Fund, LP filed a Complaint against Defendant 19 Players Network, Inc. After much back and forth, in October 2019, Plaintiffs filed 20 the operative complaint, the second amended complaint. (ECF No. 48.) Defendant 21 filed an answer which included affirmative defenses and a counterclaim. (“Answer 22 & CC,” ECF No. 54.) Plaintiffs move to dismiss the fifth through ninth affirmative 23 defenses and the counterclaim. (“Mot., ECF No. 58.)
I. Failure to File an Opposition
25 Plaintiffs’ Motion was noticed for December 30, 2019; thus, any opposition 26 would have been due on December 16, 2020. On that day, Defendant’s attorneys 27 Mr. Ales and Mr. Cabrera instead filed a motion to…