Motion to Dismiss Phone Trafficking Complaint Should Be Denied: XM

Globalgurutech’s motion to dismiss Xfinity Mobile's handset trafficking complaint should be denied in its entirety because its arguments are “factually and legally incorrect,” with many already considered and rejected by other courts, said XM Tuesday in its opposition (docket 2:22-cv-01950). XM requested leave to amend its complaint if additional allegations are needed. Also Tuesday, Globalgurutech argued in its reply in support of its motion to strike three paragraphs and exhibits from the complaint that the information could be prejudicial, responding to XM’s opposition filed last week in U.S. District Court for Arizona in Phoenix to strike the information from the complaint. XM is “trying to employ ‘guilt-by-association’” with other phone resellers using a “cookie-cutter complaint” their attorneys “have been using for years that does not apply" to GGT. None of the nine cases included in one exhibit involve either XM or any of the defendants named in the case, it said. “Xfinity would like it to be illegal for anyone to buy or sell a blacklisted phone, but it is not,” said the reseller, saying XM and other carriers “banded together (perhaps in violation of the Sherman Act)” to create lists of “bad” or “blacklisted” devices and “appointed themselves as judge, jury and executioner” in determining which devices should be unusable on their networks, said the defendant.