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Reis, Inc. et al v. Lennar Corp. et al

MEMORANDUM DECISION AND ORDER granting 17 Motion to Dismiss: Defendant's Motion to Dismiss for failure to state a claim is GRANTED as to Plaintiffs' CFAA and secondary federal copyright claims. This court declines to exercise supplemental jurisdiction over plaintiffs' state law claims. The Clerk of Court is directed to close the motion at ECF No. 17 and this case.

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.

    545 U.S. 913 (2005)   Cited 786 times   31 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

  4. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,915 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

  5. Purgess v. Sharrock

    33 F.3d 134 (2d Cir. 1994)   Cited 545 times
    Holding "fairness to litigants" is one factor to consider in determining whether supplemental jurisdiction is appropriate

  6. John Wiley & Sons, Inc. v. Doe 1-30

    284 F.R.D. 185 (S.D.N.Y. 2012)   Cited 300 times
    Holding that "the name and address of the subscriber associated with [a defendant's] IP address" was a sufficiently specific request

  7. New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC

    709 F.3d 109 (2d Cir. 2013)   Cited 292 times   1 Legal Analyses
    Holding statements in RMBS prospectus supplements could be material

  8. Theofel v. Farey-Jones

    359 F.3d 1066 (9th Cir. 2003)   Cited 237 times   5 Legal Analyses
    Holding that an email service provider constituted an ECS provider

  9. In re iPhone Application Litig

    844 F. Supp. 2d 1040 (N.D. Cal. 2012)   Cited 152 times   4 Legal Analyses
    Holding that iOS devices such as iPhones are not "facilities" under the SCA

  10. Faulkner v. Natl. Geographic Enterprises Inc.

    409 F.3d 26 (2d Cir. 2005)   Cited 154 times
    Holding that disagreement with the Court's decision "is a basis for appeal but not for reconsideration."

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,786 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,344 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  14. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,230 times   408 Legal Analyses
    Holding cellular phones are protected