United States District Court Southern District of Florida
Case 9:13-cv-80142-KAM Document 31 Entered on FLSD Docket 06/20/14 11:04:13 Page 1 of 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 13-80142-CIV-MARRA/MATTHEWMAN WHISPERING PINES OF ROYAL PALM BEACH HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, vs. COMCAST CABLE COMMUNICATIONS, LLC, a foreign corporation, Defendant. ____________________________________/ ORDER AND OPINION GRANTING MOTION TO DISMISS THIS MATTER is before the Court on Defendant Comcast Cable Communica- tions, LLC's Motion to Dismiss Amended Complaint [DE 22]. The motion is fully briefed and ripe for review. The Court has carefully considered the filings, entire Court file, and is otherwise fully advised in the premises. Introduction After this Court’s dismissal of all counts in Plaintiff’s initial Complaint, Plaintiff filed an Amended Complaint, again seeking to avoid renewal of the parties’ ten year bulk cable services agreement (the “Contract”). Plaintiff has abandoned its statutory and tort claims, but now asserts three claims for declaratory judgment. In Count I, Plaintiff seeks a declaration that the renewal provision in the Contract is a non- essential term for which time is not of the essence, and that Plaintiff “substantially complied” with the notice provision. In Count II, Plaintiff seeks a declaration that Case 9:13-cv-80142-KAM Document 31 Entered on FLSD Docket 06/20/14 11:04:13 Page 2 of 18 the renewal provisions is an “unenforceable penalty.” The Court already rejected this theory, but Plaintiff argues that it is now relying on precedent previously omitted and “cogent argument” to support this claim.
[Show full text]