A $20 billion discrimination lawsuit filed against Comcast by Byron Allen’s Entertainment Studios Network and the National Association of African-American Owned Media has been dismissed, but the ruling is unlikely to mean the end of the case, Deadline.com reports.
“This latest amended complaint from the plaintiffs was given the boot Tuesday by U.S. District Judge Terry Hatter Jr. — but Allen and NAAAOM have one more chance in the more-than-a-year-long suit to make their case,” the story reports.
The report quotes Hatter’s three-page order saying: “Plaintiffs have not sufficiently pled facts that make a plausible claim for relief. Accordingly, this case will be dismissed with leave to amend one last time. If Plaintiffs file a second amended complaint with pleading deficiencies, this case will then be dismissed with prejudice.”
Allen, who has 30 days to file a new amended complaint, said in a statement late Tuesday: “This was a dismissal with leave to amend, not a dismissal with prejudice, which means that the case is very much alive. This is a common occurrence in the court system. We will be filing our amended complaint shortly. If Judge Hatter gets this wrong because he will not allow any hearings to truly understand the complexity of this complaint, we will vigorously pursue this case with an appeal all the way to the 9th Circuit, or the U.S. Supreme Court if necessary. This is an historic case which will finally start the process for true economic inclusion for African-Americans. This is too important, and we will never stop fighting until this goal has been achieved.”
The case was first dismissed last August before being revived in amended form in September. Comcast has characterized the suit as “ludicrous slander,” as we reported back in October.