In January of 2014, plaintiff, who is a musician and composer, conceived of an app to teach children to play band instruments. PLAINTIFF'S ALLEGATIONS The allegations of the Amended Complaint, taken as true for purposes of this decision, are as follows. I do not reach defendants' arguments for failure to state a claim pursuant to Fed. Rather than continue the case piecemeal, I also transfer the remaining claims against defendants Bernstein, Carter, and Loring to the Central District of California pursuant to 28 U.S.C. I therefore transfer the claims against Music Lifeboat and Pasadena Arts Council to the Central District of California pursuant to 28 U.S.C. and the Pasadena Arts Counsel, and therefore venue in this district is improper as to those defendants. For the reasons set forth below, this court does not have personal jurisdiction over defendants Music Lifeboat, Inc. § 1406(a) on the basis that venue is improper in the Eastern District of New York in the alternative, they seek transfer of any surviving claims to the Central District of California pursuant to 28 U.S.C. They also move to dismiss under Rule 12(b)(3) and 28 U.S.C. All defendants move to dismiss the Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and, pursuant to Rule 12(b)(2), for lack of personal jurisdiction over them. Plaintiff seeks declaratory and injunctive relief, actual damages, statutory damages, costs, and reasonable attorney's fees. Music Lifeboat is the website that operates the app, and plaintiff alleges that Music Lifeboat is a "project" of the Pasadena Arts Council.
Plaintiff's claims arise out of an alleged agreement he entered into with defendants Bernstein, Carter, and Loring in which he agreed to provide a music education curriculum for a music educational mobile application ("app") in exchange for a 10% ownership stake in the company to be created and 10% of the company's profits. § § 101-810, as well as New York common law claims of breach of contract and misappropriation of ideas. x GERSHON, United States District Judge: Plaintiff Patrick Ochion Jewell alleges copyright infringement pursuant to the Copyright Act, 17 U.S.C. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - x PATRICK OCHION JEWELL A/K/A "OCHION JEWELL", * MAY 192017 * BROOKLYN OFFICE OPINION AND ORDER 16-cv-1587 (NG) (PK) Plaintiff, - against MUSIC LIFEBOAT, PASADENA ARTS COUNCIL, BRANDON BERNSTEIN, TERRY CARTER, AND SCOTT LORING, Defendants.