The lawsuit “fails to allege sufficient facts ‘that would support an inference that defendants intentionally and purposefully discriminated against them,’” U.S. District Judge Fernando M. Olguin wrote Friday, dismissing the complaint in Los Angeles.

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Simply pitching the Weather Channel to McDonald’s ad agency is also not sufficient to establish an attempt to create a contractual relationship, the judge said.

“At the invitation of Judge Olguin, we will amend the complaint to add greater detail,” a representative for Allen said in a statement. “When we do so, we firmly believe that the case will go forward,” the representative added.

“This case is about revenue, not race, and was dismissed because plaintiffs have provided absolutely no factual basis for their claims,” Loretta Lynch, the former U.S. attorney general who is part of McDonald’s legal team in the case, said in a statement. “Should plaintiffs amend their complaint for a second time, we will be ready to assess the new claims and move again as we believe there is no evidence supporting this meritless case.”

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