MANSFIELD v. KIRZHNER

Filing 30

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. 24) IS GRANTED IN PART AND DENIED IN PART. MOTION GRANTED INSOFAR AS IT SEEKS DISMISSAL OF PLAINTIFFS FEDERAL WIRETAP ACT CLAIM. THE CLAIM IS DISMISSED WITH PREJUDICE INSOFAR AS IT RESTS ON THEORIES THAT KIRZHNER INTERCEPTED CONVERSATIONS WITH THE SPECIFIC INTENT TO DISSEMINATE THEM, INVADE PLAINTIFFS PRIVACY, DEFAME HIM OR TORTIOUSLY INDUCE HIM. THE CLAIM IS DISMISSED WITHOUT PREJUDICE INSOFAR AS IT RESTS ON A TH EORY THAT KIRZHNER INTERCEPTED CONVERSATIONS WITH THE PURPOSE OF TORTIOUSLY INTERFER WITH PLAINTIFFS BUSINESS OR CONTRACTUAL RELATIONSHIP. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT THAT RE-ASSERTS A CLAIM BASED ON THE TORTIOUS INTERFERNCE THEORY ON OR BEFORE 6/5/12. THE MOTION IS DENIED IN ALL OTHER RESPECTS.. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/15/12. 5/16/12 ENTERED AND COPIES MAILED TO ALL COUNSEL. *COPIES AVAILABLE IN HARD COPY ONLY PER COURT ORDER OF 10/5/2011, DOC. 14*.(rf, )