Fake Ringtone Plaintiffs Oppose T-Mobile Motion for Judgment on Pleadings
Plaintiffs Craigville Telephone and Consolidated Telephone in the fake local ring back tones (LRBTs) case against T-Mobile oppose the carrier’s motion for judgment on the pleadings about the plaintiffs’ conspiracy and punitive damages claims (see 2302270050), said their opposition Tuesday…
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(docket 1:19-cv-07190) in U.S. District Court for Northern Illinois in Chicago. T-Mobile “has three claims pending against it that overlap with the same discovery that is relevant to conspiracy,” it said. With the dismissal of the claims against T-Mobile’s co-conspirator Inteliquent, the plaintiffs assert “the appropriate course at this stage” is to deny T-Mobile's motion without prejudice, it said. That will allow the plaintiffs to receive some of the call detail record (CDR) discovery that Inteliquent is producing, it said. The court can then set a new deadline for the plaintiffs “to amend to address the deficiencies with the conspiracy claim,” it said. The plaintiffs expect the CDRs “will allow them to add new allegations concerning LECs harmed by the conspiracy in Illinois and/or other states whose conspiracy law is consistent with Illinois,” it said. T-Mobile is alleged to have conspired to insert fake LRBTs instead of connecting calls to rural areas with expensive routing fees. T-Mobile asserts the plaintiffs failed to state a cognizable civil conspiracy claim under state law and claims for damages should be dismissed.