This case was last updated from U.S. District Courts on 07/22/2022 at 11:22:28 (UTC).

W5 Golf, Inc. v. GolfNow, LLC et al

Case Summary

On September 20, 2021, W5 Golf, Inc. (“W5” and “Plaintiff”), represented by Brandon Allen Carnes, Jeffery Michael Heftman, Peter J. Huh and Richard A. Del Giudice of Gozdecki, Del Giudice, Americus, Farkas & Brocato LLP, filed a contract lawsuit against GolfNow, LLC (“GolfNow”); NBCUniversal Media, LLC (“NBC”); and Comcast Corporation (“Comcast”) (collectively, the “Defendants”), seeking damages and other reliefs for the alleged breach of contract and the tortious interference of the Defendants. This case was filed in U.S. District Court in the Northern District of Illinois with Judge Franklin U. Valderrama presiding. 

In the complaint, the Plaintiff alleged that, “Prior to W5’s involvement with GolfNow, W5 was a successful and growing company that provided, inter alia, golf course reservation center services. W5 entered into an exclusive agreement with GolfNow to provide GolfNow-branded reservation center services to GolfNow’s current and future golf course customers, and GolfNow was to pay W5 for these services. In the course of doing so, W5 forewent other opportunities. GolfNow violated that agreement. NBC and Comcast tortiously interfered with W5’s and GolfNow’s agreement.”

The Plaintiff further alleged that, “Plaintiff performed all material conditions, covenants, and promises required to be performed on its part in accordance with the terms and conditions of the Agreement” and “GolfNow breached the contract with the acquisition of EZLinks in November 2019. EZLinks was a direct competitor of W5. As a result of the acquisition of EZLinks, GolfNow was now doing reservation center work through its EZLinks service, directly competing with W5, and W5 was not doing the work. This was and is a blatant and intentional violation of the Agreement by GolfNow.”

The Plaintiff also alleged that, “GolfNow has also violated the Agreement by, inter alia, (i) winding down agreements they have with GolfNow Answers clients through W5 and/or no longer selling the GolfNow Answers reservation center service aggressively; (ii) de-emphasizing GolfNow Answers reservation center services as a product; (iii) switching GolfNow Answers clients to its EZLinks service; (iv) taking direct W5 clients to its EZLinks service.”

The Plaintiff also alleged that, “NBC and Comcast had either control of GolfNow and/or knowledge of the Agreement and business relationship between GolfNow and W5” and “NBC and Comcast intentionally interfered with the Agreement and business relationship between GolfNow and W5 by approving and/or permitting the acquisition of EZLinks.”

There are two claims of relief laid down by the Plaintiff. The first claim is for alleged breach of contract against GolfNow. The second claim is for alleged tortious interference with contract and business relationship against NBC and Comcast.

In its prayer for relief, the Plaintiff requested the Court for a judgement that GolfNow has breached the Agreement and an award of damages, in excess of $50 million, caused by GolfNow’s breach of the Agreement. Further, the Plaintiff also requested the Court for a judgement finding NBC and Comcast have tortiously interfered with the Agreement and business relationship between GolfNow and W5; an award of damages in excess of $50 million, caused by NBC’s and Comcast’s tortious interference with W5’s Agreement and business relationship with GolfNow; and any other relief the Court deems just. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-04975

  • Filing Date:

    09/20/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Franklin U. Valderrama

 

Party Details

Plaintiff and Counter Defendant

W5 Golf, Inc.

Defendants and Counter Claimants

GolfNow, LLC

NBCUniversal Media, LLC

Comcast Corporation

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Richard A. Del Giudice

Jeffery Michael Heftman

Defendant and Counter Claimant Attorneys

Eliot Pedrosa

Elizabeth E. Manning

 

Court Documents

#39

(#39) MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the parties' joint motion to dismiss with prejudice #38 , which the Court construes as a stipulation to dismiss under Fed. R. Civ. P. 41(a)(1)(ii), the action is dismissed with prejudice. All pending motions #16 #18 #38 and deadlines are stricken. Civil case terminated. Mailed notice (axc). (Entered: 05/25/2022)

#38

(#38) MOTION by Plaintiff W5 Golf, Inc., Counter Defendant W5 Golf, Inc. to dismiss Joint Motion to Dismiss with Prejudice (Heftman, Jeffery) (Entered: 05/24/2022)

#37

(#37) MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons state in the motion, the Court grants Peter Huh's Motion for Leave to Withdraw #36 . Attorney Huh is withdrawn as counsel for Plaintiff. Mailed notice (axc). (Entered: 03/04/2022)

36 #1

Notice of Filing

36 #36

Main Document

34 #1

Notice of Filing

34 #34

Main Document

#18

(#32) MOTION by Defendants Comcast Corporation, GolfNow, LLC, NBCUniversal Media, LLC for extension of time to file response/reply as to motion to transfer case #16 , Motion to Dismiss for Failure to State a Claim #18 , MOTION by Defendants Comcast Corporation, GolfNow, LLC, NBCUniversal Media, LLC for extension of time to file answer regarding answer to complaint,, counterclaim, #26 (Pedrosa, Eliot) (Entered: 12/28/2021)

#16

(#32) MOTION by Defendants Comcast Corporation, GolfNow, LLC, NBCUniversal Media, LLC for extension of time to file response/reply as to motion to transfer case #16 , Motion to Dismiss for Failure to State a Claim #18 , MOTION by Defendants Comcast Corporation, GolfNow, LLC, NBCUniversal Media, LLC for extension of time to file answer regarding answer to complaint,, counterclaim, #26 (Pedrosa, Eliot) (Entered: 12/28/2021)

#8

#7

#6

#5

#4

#3

#2

1 #1

Exhibit A

#1

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Docket Entries

  • 05/25/2022
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  • Docket(#39) MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the parties' joint motion to dismiss with prejudice #38 , which the Court construes as a stipulation to dismiss under Fed. R. Civ. P. 41(a)(1)(ii), the action is dismissed with prejudice. All pending motions #16 #18 #38 and deadlines are stricken. Civil case terminated. Mailed notice (axc). (Entered: 05/25/2022)

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  • 05/24/2022
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  • Docket(#38) MOTION by Plaintiff W5 Golf, Inc., Counter Defendant W5 Golf, Inc. to dismiss Joint Motion to Dismiss with Prejudice (Heftman, Jeffery) (Entered: 05/24/2022)

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  • 03/04/2022
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  • Docket(#37) MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons state in the motion, the Court grants Peter Huh's Motion for Leave to Withdraw #36 . Attorney Huh is withdrawn as counsel for Plaintiff. Mailed notice (axc). (Entered: 03/04/2022)

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  • 03/03/2022
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  • Docket(#36) MOTION by Plaintiff W5 Golf, Inc. to withdraw Appearance of Peter J. Huh (Attachments: #1 Notice of Filing)(Heftman, Jeffery) (Entered: 03/03/2022)

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  • 02/01/2022
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  • Docket(#35) MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the Parties' Joint Motion to Hold all Deadlines in Abeyance Pending Entry of Agreed Order of Dismissal #34 . By 06/16/2022, the parties shall file either (1) a short status regarding progress of settlement, or (2) filing of motion to dismiss pursuant to settlement. Mailed notice (axc). (Entered: 02/01/2022)

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  • 01/28/2022
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  • Docket(#34) MOTION by Plaintiff W5 Golf, Inc. for joinder Motion to Hold All Deadlines in Abeyance Pending Entry Of Agreed Order of Dismissal (Attachments: #1 Notice of Filing)(Heftman, Jeffery) (Entered: 01/28/2022)

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  • 12/29/2021
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  • Docket(#33) MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants the parties' joint motion to extend deadlines #32 . The Court amends the parties' deadlines as follows: (1) Plaintiff's deadline to respond to the Answer, Affirmative Defenses, and Counterclaim is extended to 01/31/2022; (2) Defendants NBCUniversal Media, LLC's and Comcast Corporation's deadline to file a reply brief is extended to 02/07/2022; and (3) Defendant GolfNow, LLC's deadline to file a reply brief is extended to 02/07/2022. Mailed notice (axc). (Entered: 12/29/2021)

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  • 12/28/2021
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  • Docket(#32) MOTION by Defendants Comcast Corporation, GolfNow, LLC, NBCUniversal Media, LLC for extension of time to file response/reply as to motion to transfer case #16 , Motion to Dismiss for Failure to State a Claim #18 , MOTION by Defendants Comcast Corporation, GolfNow, LLC, NBCUniversal Media, LLC for extension of time to file answer regarding answer to complaint,, counterclaim, #26 (Pedrosa, Eliot) (Entered: 12/28/2021)

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  • 12/22/2021
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  • Docket(#31) MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the Motion for Leave to Withdraw Appearance of Brandon A. Carnes. #30 Attorney Brandon A. Carnes is withdrawn as counsel for Plaintiff W5 Golf, Inc. Mailed notice (axc). (Entered: 12/22/2021)

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  • 12/20/2021
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  • Docket(#30) MOTION by Plaintiff W5 Golf, Inc. to withdraw Appearance of Brandon A. Carnes (Attachments: #1 Notice of Filing)(Heftman, Jeffery) (Entered: 12/20/2021)

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21 More Docket Entries
  • 09/21/2021
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  • Docket(#9) MINUTE entry before the Honorable Franklin U. Valderrama: On or before 12/6/2021 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Mailed notice (Attachments: #1 Joint Status Report) (axc). (Entered: 09/21/2021)

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  • 09/21/2021

  • DocketCASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ak, ) (Entered: 09/21/2021)

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  • 09/20/2021
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  • Docket(#8) JURY Demand (Huh, Peter) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#7) CIVIL Cover Sheet (Huh, Peter) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#6) ATTORNEY Appearance for Plaintiff W5 Golf, Inc. by Brandon Allen Carnes (Carnes, Brandon) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#5) ATTORNEY Appearance for Plaintiff W5 Golf, Inc. by Jeffery Michael Heftman (Heftman, Jeffery) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiff W5 Golf, Inc. by Richard A. Del Giudice (Del Giudice, Richard) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#3) CORPORATE Disclosure Statement by W5 Golf, Inc. (Huh, Peter) (Docket Text Modified by Clerk's Office on 9/21/2021) (jg, ). (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#2) ATTORNEY Appearance for Plaintiff W5 Golf, Inc. by Peter J. Huh (Huh, Peter) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#1) COMPLAINT Receipt No. 0752-18686011 $402 filed by W5 Golf, Inc.; Jury Demand. (Attachments: #1 Exhibit A)(Huh, Peter) (Entered: 09/20/2021)

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