United States District Court, S.D. Alabama, Southern Division
WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE
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. After careful consideration, the Court
concludes the motion is due to be granted.
background of this case is provided in previous orders.
(Docs. 15, 34, 93).
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.
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,  Cable's
motion to dismiss for lack of personal jurisdiction is due to
Failure to State a Claim.
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