Oversee.net Asks Court to Dismiss Monte Cahn’s Claims
Wednesday, June 1st, 2011
Domain name company responds to lawsuit over incentive plan.
Oversee.net has responded to a lawsuit by former employee Monte Cahn by asking the court to dismiss most of the lawsuit’s claims (pdf).
Cahn sued Oversee.net last month over an incentive plan in which Cahn says he could have earned up to $13 million. Cahn alleges that he is owed money under the plan but was never paid.
Oversee.net claims that the suit “is nothing more than an alleged breach of contract case” but that “Unfortunately, in a veritable ‘kitchen sink’ pleading, the Complaint contains a hodgepodge of claims against Oversee and two of its officers…”
The company says “Plaintiffâ€™s attempt to expand this straightforward contract dispute to a ten cause of action complaint is without basis, improper, and should not be countenanced.”
The purpose of the motion to dismiss is to ask the court to throw out many of the claims. In a motion to dismiss the court has to basically assume that the allegations are true but that the legal pleadings don’t hold water. However, Oversee.net did note that it believes Cahn’s assertion that the Management Incentive Plan was based on him meeting certain goals was incorrect; it was actually based on certain business units meeting their targets.