The federal judge assigned to the lawsuit that Independent Sports & Entertainment (ISE) brought against basketball agent Dan Fegan has denied Fegan’s motion to dismiss and remanded the case back to state court.

In the lawsuit, ISE alleges that Fegan breached a non-compete agreement and asked the court to enjoin Fegan from continuing to practice while in breach of same. The main allegation made by ISE was that Fegan had been running a side business in violation of the noncompetition clause. Fegan was terminated by ISE for cause on March 10, 2017.

ISE originally filed the action against Fegan in state court and Fegan removed it to federal court on March 28.

“Dan Fegan’s motion to dismiss was denied, and, as ISE had requested, the matter is now being remanded back to state court,” said ISE’s legal counsel James Fogelman. “We are grateful to the federal court for its careful consideration of these important issues. ISE will continue to pursue its claims until justice has been served.”