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, ).
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.
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