Quiroz, et al v. Joey Records Inc, et al

Filing 920060619


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In the United States Court of Appeals Fifth Circuit United States Court of Appeals for the Fifth Circuit _______________ FILED June 19, 2006 Charles R. Fulbruge III Clerk m 05-51159 Summary Calendar _______________ RAMON QUIROZ; EDGAR CERVERA; PEDRO SAMANIEGO; JESUS MERCADO; MOISES CONTRERAS, JR.; SOCRATES BUSTAMONTE, Plaintiffs-Appellants, VERSUS JOEY RECORDS, INC.; EL ZAZ MUSIC, INC., Defendants-Appellees. _________________________ Appeal from the United States District Court for the Western District of Texas m 7:01-CV-30 ______________________________ Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* The appellants challenge a summary judgment on their copyright infringement claim and * Pursuant to 5TH CIR. R. 47.5, the court has de(continued...) (...continued) termined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * the subsequent dismissal for want of jurisdiction. "No action for infringement of copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title." 17 U.S.C. 411(a). Appellants' admitted failure to register the disputed materials therefore bars their action for copyright infringement, and the district court properly disposed of the claim. Because the copyright claim was the sole basis of federal jurisdiction, the court dismissed the state law claims after granting summary judgment on the copyright claim. This action was also proper.1 AFFIRMED. See, e.g., Parker & Parsley Petroleum v. Dresser Indus., 972 F.2d 580, 585 (5th Cir. 1992) ("Our general rule is to dismiss state claims when the federal claims to which they are pendent are dismissed"). 2 1

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