MY FIRST BIKE PRODUCTIONS, INC. v. MYSPACE, INC. et al

Filing 9

MY FIRST BIKE PRODUCTIONS, INC. v. MYSPACE, INC. et al

Doc. 9

Case 1:07-cv-00459-RLY-TAB

Document 9

Filed 04/23/2007

Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MY FIRST BIKE PRODUCTIONS, INC., Plaintiff, v. MYSPACE, INC., a Delaware Corporation, d/b/a Myspace.com, DIRECTV, INC., a California corporation, FOX INTERACTIVE MEDIA, INC., a Delaware corporation, Defendants. DEFENDANTS' MOTION TO DISMISS Defendants MySpace, Inc. ("MySpace"), DIRECTV, Inc. ("DIRECTV"), and Fox Interactive Media, Inc. ("FIM") (collectively, "Defendants"), by counsel, pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure and S.D.Ind.L.R. 7.1(a), respectfully move this Court to dismiss the Complaint and Demand for Jury Trial ("Complaint") filed by Plaintiff, My First Bike Productions, Inc. ("Plaintiff"), and in support thereof, state: 1. Plaintiff's Complaint should be dismissed in its entirety pursuant to Fed.R.Civ.P. CASE NO. 1:07-CV-0459-RLY-TAB

12(b)(2) and 12(b)(6). Specifically, none of the three defendants are subject to personal jurisdiction in this Court. In addition, three of the four state-law claims asserted by Plaintiff are preempted by the federal Copyright Act and must be dismissed. Finally, even accepting as true all well-pleaded allegations in the Complaint, three of the four claims fail to state a claim upon which relief may be granted. 2. Pursuant to S.D.Ind.L.R. 7.1(a), Defendants are filing contemporaneously

herewith a supporting Memorandum of Law.

Dockets.Justia.com

Case 1:07-cv-00459-RLY-TAB

Document 9

Filed 04/23/2007

Page 2 of 2

WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiff's Complaint in its entirety and for all other just and appropriate relief. Date: April 23, 2007 Respectfully submitted: /s/ Paul D. Vink Craig E. Pinkus, Atty. No. 5749-49 Paul D. Vink, Atty. No. 23785-32 BOSE McKINNEY & EVANS LLP 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, IN 46204 Tel: [phone] / Fax: [phone] Attorneys for Defendants, MYSPACE, INC., DIRECTV, INC., and FOX INTERACTIVE MEDIA, INC. CERTIFICATE OF SERVICE I hereby certify that on April 23, 2007, a copy of the foregoing document was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court' electronic filing system. Parties may access this filing through the Court' system. s s Mark R. Waterfill [e-mail] Michael A. Lang [e-mail]

/s/ Paul D. Vink Paul D. Vink
880709_1/19670-1

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