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Kraft v. The Arena Grp. Holdings Inc.

Tortious Interference With Contract Claim Not Stated by Terminated Executive

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ADDITIONAL CASES The Arena Group Holdings Inc., Counter Claimant, v. Andrew Q. Kraft, Counter Defendant OPINION AND ORDER Plaintiff Andrew Q. Kraft (“Plaintiff” or “Kraft”) brings claims for breach of contract (“Count I”) against The Arena Group Holdings Inc. (“Arena”) and tortious interference with contract (“Count II”) against Manoj Bhargava (“Bhargava”). Dkt. No. 7. Bhargava moves, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss Count II of the complaint. Dkt. No. 25. For the following reasons, Bhargava’s motion to dismiss is granted. BACKGROUND For purposes of the motion to dismiss, the Court assumes the truth of the complaint’s wellpleaded allegations. Arena is a Delaware corporation with its headquarters and place of business in New York, New York. Dkt. No. 7 3. Plaintiff was Arena’s Chief Operating Officer and later its President. Id.

1, 8, 25. Bhargava is a businessman who owns a company named Simplify Innovations Capital (“SIC”). Id. 33. Plaintiff began his employment with Arena’s predecessor, The Mavin Inc., in or about December 2018 as its Chief Revenue Officer. Id. 7. Effective January 1, 2021, Plaintiff, then the Chief Operating Officer, entered into an Amended and Restated Executive Employment Agreement, with The Maven, Inc. (the “Employment Agreement”). Id. 8; Dkt. No. 27-1.1 Plaintiff’s employment was “at-will.” Dkt. No. 27-1 at 4. Either The Maven Inc. or Plaintiff could terminate his employment for any reason or no reason at all. Id. at 4-6. The Employment Agreement entitled Plaintiff to an annualized salary and to an annual bonus based upon 100 percent attachment of certain performance metrics agreed upon with the CEO by January of each calendar year. Dkt. No. 7

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