Felton v. King of Salsa, LLC et al, No. 1:2009cv07918 - Document 14 (S.D.N.Y. 2010)
Court Description: OPINION: For reasons further set forth in said Order, the motions of Defendants to dismiss the complaint and for summary judgment are denied. 5 MOTION to Dismiss for Lack of Jurisdiction (subject-matter). MOTION for Summary Judgment (alternatively, lack of subject-matter jurisdiction). (Signed by Judge Robert W. Sweet on 4/29/10) (db)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY FELTON, d/b/a FELTON ENTERTAINMENT, Plaintiff, -against- 09 Civ. 7918 OPINION KING OF SALSA, LLC, ET AL., Defendants A P P E A R A N C E S : Attorney for Plaintiff MARTIN L. FISHER 5 Ganung Drive Ossining, NY 10562 Attorney for Defendants CARL E. PERSON 325 West 45th Street, Suite 201 New York, NY 10036 Sweet, D . J . Defendants King of Salsa, LLC ("KOS"), Steve Pappas ('Pappas"), Frank Gengemi ("Gangemi"), Mainstay Films, Inc. ("Mainstay"), James Acuri d/b/a Identity Features ("Acuri"), and Raul Carbonell ("Carbonell") (collectively, "Defendants") have moved to dismiss the action of Plaintiff Anthony Felton d/b/a Felton Entertainment ("Felton" or "Plaintiff") for lack of subject matter jurisdiction under Fed. R. Civ. P. Rule 12(b)(l), and, alternatively, for summary judgment dismissing the action under Fed. R. Civ. P. Rule 56. For the reasons set forth below, Defendants' motions are denied. Prior and Related Proceedings Felton filed his complaint on September 15, 2009, which alleged the following: Felton owned the copyright in a screenplay entitled "The Singer: The Hector Lavoe Story" (the "Screenplay") (Compl. 41 3); Felton had been directing and producing a motion picture initially entitled "The Singer, the Hector Lavoe Story" (the "Film"), which is a
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