Digitale, SH.A. v. Setplex, LLC
| Digital, SH.A. |
| Setplex, LLC, Benjamin Dreshaj, Lionel Dreshaj and LBD Group LLC |
| 1:2017cv04102 |
| June 1, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
63
OPINION & ORDER: re: 41 MOTION to Dismiss pursuant to 12(b)(6) and 12(b)(3), filed by LBD Group LLC, Benjamin Dreshaj, Setplex, LLC, Lionel Dreshaj. For the foregoing reasons, Setplexs motion to dismiss is granted in part and denied in part. Counts I and II are dismissed with prejudice for failure to state a claim. Count VI is dismissed without prejudice for failure to state a claim. Setplexs motion to dismiss Count IV for forum non conveniens is denied. However, becaus e this Court declines to exercise supplemental jurisdiction over Count IV, the foreign copyright infringement claims are dismissed without prejudice. Finally, because the Complaint fails to adequately allege Defendants citizenship, DigitAlb is dir ected to file affidavits or a Second Amended Complaint setting forth the basis for subject matter jurisdiction over Count V by January 26, 2018. The Clerk of Court is directed to terminate the motion pending at ECF No. 41, and as further set forth in this order. Amended pleading due by 1/26/2018. (Signed by Judge William H. Pauley, III on 1/11/2018) (ap)
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