Quill Ink Books Limited v. Soto

Filing 35

MEMORANDUM OPINION AND ORDER granting 28 Defendant's Motion to Dismiss Count II, Tortious Interference with Business Relationships; Count III, Defamation; and Count IV, Statutory Conspiracy; directing that these counts are dismissed with prejudice. (See order for details). Signed by District Judge Liam O'Grady on 10/29/2019. (aott) Modified on 10/29/2019 (aott, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Quill Ink Books,Ltd. Plaintiff, Case No. 1:19-cv-476 V. Hon. Liam O'Grady Rachelle Soto a/k/a Addison Cain, Defendant. MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant's Motion to Dismiss. Dkt. 28. Defendant has moved to dismiss Counts II, III, and IV ofthe First Amended Complaint. The Motion has been fully briefed, Dkt. 33, Dkt. 34, and the Court dispensed with oral argument because it would not aid the decisional process. I. Background This case arises from a dispute between two romance novel authors. Defendant Rachelle Soto (also known as Addison Cain)and her publisher have accused books written by the pseudonymous "Zoey Ellis" and published by Plaintiff, of plagiarizing Defendant's novels and have sent DMCA takedown notices regarding the allegedly plagiarizing novels. Plaintiff sued both Defendant and her publisher in federal court in Oklahoma, but Defendant was dismissed from that case on personal jurisdiction grounds. Plaintiff then filed the present suit. Plaintiff Quill Ink Books Limited originally sued alleging six counts: intentional DMCA misrepresentation in violation of 17 U.S.C. ยง 512(f), copyright misuse, tortious interference. 1

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