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Smith v. Comcast Corp.

United States District Court, S.D. Alabama, Southern Division

July 17, 2018

MICHAEL HENRY SMITH, Plaintiff,
v.
COMCAST CORPORATION, et al., Defendants.

          ORDER

          WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the motion of defendant Comcast Cable Communications, LLC (“Cable”) to dismiss. (Doc. 62). The plaintiff declined the opportunity to respond, (Doc. 63), and the motion is ripe for resolution.[1] After careful consideration, the Court concludes the motion is due to be granted.

         BACKGROUND

         The background of this case is provided in previous orders. (Docs. 15, 34, 93).

         DISCUSSION

         Cable raises both a Rule 12(b)(2) argument that the Court lacks personal jurisdiction over it and a Rule 12(b)(6) argument that the amended complaint, (Doc. 40), fails to state a claim on which relief can be granted.

         I. Personal Jurisdiction.

         Cable's argument and evidence is virtually identical to that offered by co-defendant Comcast Corporation (“Comcast”) in support of its motion to dismiss, and it is fatally flawed for the same reasons discussed in the Court's order on Comcast's motion (“the Comcast order”). (Doc. 94 at 1-6). For those reasons and others, [2] Cable's motion to dismiss for lack of personal jurisdiction is due to be denied.

         II. Failure to State a Claim.

         As set forth in the Helmsman order, (Doc. 93 at 3), the amended complaint asserts the following causes of action:

• Count I Intentional infliction of emotional distress
• Count II Fraudulent removal
• Count III Fraudulent concealment
• Count IV Fraud/misrepresentation
• Count V Willfully negligent hiring, training and ...

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