Windstream Services LLC v. BMG Rights Management (U.S.) LLC, et al, No. 1:2016cv05015 - Document 59 (S.D.N.Y. 2017)

Court Description: MEMORANDUM OPINION & ORDER re: 41 MOTION to Dismiss . filed by BMG Rights Management (U.S.) LLC, Rightscorp, Inc., 34 MOTION to Dismiss Plaintiff's Declaratory Judgment Complaint. filed by BMG Rights Management (U.S.) LLC, Rightscorp, Inc. Plaintiff Windstream Services, LLC ("Windstream"), an internet service provider ("ISP"), brings this action against Defendants BMG Rights Management (US) LLC ("BMG"), a copyright holder, and Rightscorp Inc. ("Rightscorp"), BMG's copyright enforcement agent, seeking declaratory judgment regarding copyright noninfiingement and damages for intentional interference with contractual relations. Defendants move to dismiss f or lack of subject-matter jurisdiction and for failure to state a claim. (As further set forth in this Order.) For the reasons set forth above, Defendant's motion to dismiss is GRANTED. The Clerk of Court is directed to terminate the motion at ECF Nos. 34 and 41 and to close the case. (Signed by Judge Kimba M. Wood on 4/17/2017) (cf)