Ace Pro Sound & Recording filed an amended complaint in its lawsuit against Guitar Center (GC) and seven manufacturers that slashes the relevant geographic market to the State of Florida and drops the class action status of the claim. The lawsuit previously encompassed every state in which GC does business.
According to GC, that motion was filed on July 23, who spoke exclusively to the Music & Sound Retailer about the case. Based on the revisions/amended complaints by the plaintiff and court judgments, the case continues to diminish in scope while GC continues its vigorous defense against this lawsuit,GC said.
The amended lawsuit still alleges GC participated in monopolization activities under Section 2 of the Sherman Antitrust Act.
Also, according to GC, on June 20, the plaintiff (Ace Pro Sound, which was run by Fred Rubin) dropped Federal Racketeer Influenced and Corrupt Organizations Act of 1961 (RICO) claims, which had accused Marty Albertson, GC’s CEO, of racketeering. GC however, believed the claims never should have been brought forth in the first place and subsequently, after the court granted Albertson’s motion to dismiss the RICO claim, filed a motion for sanctions against Michael L. Feinstein, Ace Pro Sound’s attorney, on July 6. The motion was based on the bad faith conduct of the plaintiff and his lawyer in bringing RICO claims. The motion seeks attorney’s fees, costs, and expenses incurred as a result of Albertson’s defense of the claims, said GC.
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