Gorog v. Best Buy Co., Inc., et al.

Plaintiff, CEO of Roxio, Inc., filed suit against Best Buy and Napster for breach of contract. The contract dispute arose out of Best Buy's refusal to pay plaintiff a performance award under an Award Agreement. The district court considered only the pleadings and matters embraced therein. The court held that the district court's reliance upon the Award Agreement did not convert the motion to dismiss into one for summary judgment. Accordingly, the court need not address plaintiff's subsequent argument that the district court erred by failing to defer the motion for summary judgment under Rule 56(d) to allow him to conduct meaningful discovery. Further, plaintiff's breach-of-contract claim was foreclosed by the language of the Award Agreement. Accordingly, the court affirmed the district court's judgment. View "Gorog v. Best Buy Co., Inc., et al." on Justia Law