Verizon Dismissal Motion Full of ‘Gobbledygook’: Ex-Cabinet Supplier
Verizon’s motion to dismiss the antitrust complaint of Midwest Cabinet Suppliers (see 2212290028), its former store fixtures provider, “references information from sources on the internet, that are NOT part of the pleadings in this action,” said Midwest’s response Friday (docket…
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3:22-cv-00493) in U.S. District Court for Western Kentucky in Louisville. Despite making 24 pages of argument and citing numerous authorities in its memorandum in support of its motion to dismiss, Verizon didn't make the “demonstration required” under case law for the court to grant the dismissal Verizon seeks, said Midwest. “Verizon attacks every point, or supposed lack thereof,” in the first amended complaint by referencing cases “with little or no factual similarities to the instant case,” it said. Such cases are all but meaningless to assist the court in determining if the first amended complaint “states a claim upon which relief can be granted,” it said. The court “should not grant any motion based on 24 pages of rambling, off point, gobbledygook,” said Midwest. “It is amazing that Verizon can go on for over 20 pages” trying to convince the court that Midwest failed to state a claim “based on a supposed vagueness” of the first amended complaint “by citing legal authorities that only seem to vaguely apply to its own motion,” it said. Midwest, the former supplier of retail store cabinets to a Verizon wireless reseller in Tennessee, alleges Verizon caused “significant damage” to its business when it forced the reseller to source its store fixtures from another supplier under an unlawful tying agreement (see 2210090003). Verizon’s motion to dismiss the lawsuit for failure to state a claim called Midwest’s allegations “meritless.”