Palmer Kane LLC v. Scholastic Corporation et al

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Date Filed	#	Document Text
February 27, 2013	16	OPINION re: 8 MOTION to Dismiss the Complaint filed by Scholastic Inc., Scholastic Corporation. Scholastic submitted a motion to dismiss, in lieu of an answer, pursuant to Fed. R. Civ. P. 12(b)(6), claiming that Palmer Kane does not suffic iently plead the required elements of a copyright infringement claim. In the alternative, Scholastic seeks a more definite statement pursuant to Fed. R. Civ. P. 12(e). The motion to dismiss is granted and the motion for a more definitive statement is denied. This court dismisses Palmer Kane's complaint for failure to state a claim because it fails to sufficiently plead the works at issue, the infringing acts, and the relevant time period in which the infringing acts occurred. Leave is granted to file an amended complaint within 60 days. The motion for a more definite statement is denied. (Signed by Judge Thomas P. Griesa on 2/26/2013) (mro)

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