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By Mike Johnson on 2019-01-08 15:42:00

Attorneys for former WWE Champion Phil "CM Punk" Brooks filed a motion to dismiss the amended lawsuit (which you can read about in detail by clicking here) brought against him by Scott "Colt Cabana" Colton on 12/28/18 in Cook County Circuit Court in Illinois.

The ten-page motion argues that Cabana has failed to used allegations of fact in his amended lawsuit, instead standing by the type of "conclusory allegations" that won't hold up legally in Illinois and that by failing to file amended claims based around facts, his amended lawsuit should be dismissed again.  

Cabana has alleged that after the now legendary podcast where Punk gave his side of his WWE exit, Cabana received a Demand Letter from WWE's Doctor Chris Amann claiming, "that Colton had caused the dissemination of certain false statements to the general public regarding Amman" and demanded that Colton immediately remove the Podcast from further distribution.  Cabana went to Punk, who told him he would be "100% covered" in a text message and that his attorneys would handle it.  Cabana is claiming that was a contract between the two.

At some point during the legal process, there was apparently a publicly undisclosed issue between Cabana and Punk that led to Punk demanding payment for Cabana's side of the legal fees.  Cabana claimed that Punk's attorneys later agreed to keep representing him with Punk paying the fees, but then after Cabana's part in the Discovery of the Amann lawsuit had completed, he was dropped as a client, forcing him to hire his own attorney and suffering $200,000 in legal fees that Punk later allegedly refused to pay.

The initial lawsuit was dismissed, but the court allowed Cabana to file an amended lawsuit.  Punk's attorneys are claiming that Cabana has "failed to address the deficiencies" that led to the first version of the lawsuit being dismissed in the new suit and has "merely added conclusion" to the previous arguments that were thrown out in court.  In layman's terms, they are basically claiming that Cabana is relying on the same arguments, just made in a different manner, with his new lawsuit.   

They also claim that Cabana has not sufficiently claimed a breach of contract or fraud in the amended lawsuit under Illinois law.  They also argue that Cabana cannot "allege the facts necessary to substantiate a cause of action for breach of contract or fraud."

Punk's attorneys noted in the latest filing that the WWE Champion turned UFC fighter and actor spent over "$1 million" in defending himself and Cabana against Dr. Chris Amann and referred to Cabana as "refusing to contribute money" to that lawsuit's defense.

Cabana's attorneys have until 1/25 to respond to the motion.  Punk's side would need to reply to that by 2/19.   There is a status conference set for 2/20 before the court.

Thanks to Billy Krotchsen.

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