C-Byte Company, Inc. v. Vegas Brand Enterprises Inc., et al.,

Filing 14

ORDER that 1 Motion to Enforce Stay is DENIED. FURTHER ORDERED that 8 Defendant's Motion to Dismiss 1 Plaintiffs' Motion to Enforce Stay is DENIED as moot. FURTHER ORDERED that, because plaintiffs have failed to commence a civil action pursuant to Federal Rule of Civil Procedure 3, the clerk of court shall close the case. Signed by Judge James C. Mahan on 3/16/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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C-BYTE COMPANY, INC., et al.,

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Case No. 2:14-CV-1231 JCM (VCF)
Plaintiff(s),

ORDER

v.
VEGAS BRAND ENTERPRISES INC., et al.,

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Defendant(s).

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Presently before the court is pro se plaintiffs C-Byte Company, Inc. and Trevor Biscope’s

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motion to enforce stay. (Doc. # 1). Defendants did not file a response and the deadline to do so

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has passed.

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Also before the court is defendants Vegas Brand Enterprises, Inc., C-Byte Computer

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Systems, LLC, Wanda Brink, Ron Brink, National Arbitration Forum, Houston Putnam Lowry,

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and Debrett G. Lyons’ motion to dismiss plaintiffs’ “motion to enforce stay.” (Doc. # 8). Plaintiffs

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filed a response (doc. # 12) and defendants filed a reply (doc. # 8).

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This matter involves a dispute between the parties as to the ownership of several internet

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domain names. (Doc. # 8). Appointed arbitrators have held twice that the domain names at issue

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belong to defendants and have ordered those domain names be transferred back to defendants.

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(Doc. # 8-1). Plaintiffs disagree with the arbitration decisions and appear to attempt to initiate an

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action in this court to overrule the prior arbitration decisions.

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Plaintiffs have not filed a complaint in this action. Instead of filing a complaint, plaintiffs

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filed a motion to enforce stay. (Doc. # 1). The court is unable to grant plaintiffs’ motion to enforce

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stay, as plaintiff has failed to file a complaint initiating an action against defendants. See Fed. R.

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Civ. P. 3 (“A civil action is commenced by filing a complaint with the court.”). Even if the court

James C. Mahan
U.S. District Judge

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were able to consider plaintiffs’ motion to enforce stay, the court fails to see how a stay is legally

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and factually supported in the instant action. Plaintiffs’ motion to enforce stay is a jumble of

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confused legal arguments and cites no controlling law.

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Though defendants filed a motion to dismiss plaintiffs’ motion to enforce stay, it appears

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that defendants are actually moving to dismiss the case in its entirety. Defendants assert that

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plaintiffs have failed to (1) allege any facts to support a basis for subject matter jurisdiction under

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Rule 12(b)(1); (2) allege any facts to support a finding that this court has personal jurisdiction over

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the moving defendants under Rule 12(b)(2); and (3) state a claim upon which relief can be granted

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under 12(b)(6). Therefore, defendants assert that, based on plaintiffs’ failure to file the information

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required by Rule 8(a) in their “complaint,” dismissal of the action is appropriate for lack of subject

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matter jurisdiction, lack of personal jurisdiction, and failure to state a claim.

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Because the court declines to view plaintiffs’ motion to enforce stay as a complaint,

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defendants’ arguments are premature. Defendants cannot assert these defenses before a complaint

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has been failed.

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Accordingly,

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IT IS HEREBY ORDERED ADJUDGED AND DECREED that plaintiffs’ motion to

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enforce stay (doc. # 1) be, and the same hereby is, DENIED.
IT IS FURTHER ORDERED that defendant’s motion to dismiss plaintiffs’ motion to
enforce stay (doc. # 8) is DENIED as moot.
IT IS FURTHER ORDERED that, because plaintiffs have failed to commence a civil
action pursuant to Federal Rule of Civil Procedure 3, the clerk of court shall close the case.
DATED March 16, 2015.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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