J & J Sports Productions Inc. v. Cela

139 F. Supp. 3d 495, 2015 U.S. Dist. LEXIS 138260, 2015 WL 5923549
CourtDistrict Court, D. Massachusetts
DecidedOctober 9, 2015
DocketCivil Action No. 14-cv-14143-DJC
StatusPublished
Cited by17 cases

This text of 139 F. Supp. 3d 495 (J & J Sports Productions Inc. v. Cela) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J & J Sports Productions Inc. v. Cela, 139 F. Supp. 3d 495, 2015 U.S. Dist. LEXIS 138260, 2015 WL 5923549 (D. Mass. 2015).

Opinion

MEMORANDUM AND ORDER

CASPER, District Judge

I. Introduction

• Plaintiff J & J Sports Productions Inc. (“J & J”) alleges that Defendants Tony Cela and TNA Nightclub, Inc. exhibited a professional boxing match in violation of 47 U.S.C. § 553, 47 U.S.C. § 605 and state law. D. 1. Defendants now move to dismiss under Fed. R. Civ. P. 12(b)(6) and Rule 12(b)(7). D. 9. For the reasons stated below, the Court DENIES the motion.

II. Standard of Review

In considering a motion under Rule 12(b)(6), the Court will dismiss a claim that fails to plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). That is, the Court must determine if the facts alleged “plausibly narrate a claim for relief.” Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir.2012). This determination requires a two-step inquiry. García-Catalán v. United States, 734 F.3d 100, 103 (1st Cir.2013). First, the Court must distinguish the factual allegations from the conclusory legal allegations in the complaint. Id. Second, taking the Plaintiff’s allegations as true, the Court should be able to draw “the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting Ha[499]*499ley v. City of Boston, 657 F.3d 39, 46 (1st Cir.2011)).

Rule 12(b)(7) provides that “a defendant may move to dismiss a claim when a plaintiff fails to join a required party.” Phoenix Ins. Co. v. Delangis, No. 14-cv-10689-GAO, 2015 WL 1137819, at *2 (D.Mass. Mar. 13, 2015). “[T]he moving party carries the burden of showing why an absent party should be joined.” Raytheon Co. v. Cont’l Cas. Co., 123 F.Supp.2d 22, 32 (D.Mass.2000). “As with Rule 12(b)(6) motions, a court must accept the allegations contained in the plaintiffs complaint as true for the purpose of the Rule 12(b)(7) inquiry.” McCaskill v. Gallaudet Univ., 36 F.Supp.3d 145, 151 (D.D.C.2014); Davis Cos. v. Emerald Casino, Inc., 268 F.3d 477, 479 n. 2 (7th Cir.2001) (noting that “[f]or purposes of a motion to dismiss for failure to join a party under Rule 19, we accept the allegations in the complaint as true”). However, “a court is ‘not limited to the pleadings’ and may consider ‘other relevant extra-pleading evidence.’ ” Delangs, No. 14-cv-10689-GAO, 2015 WL 1137819, at *2 (D.Mass. Mar. 13, 2015) (citing Axis Ins. Co. v. Hall, 287 F.R.D. 110, 113 (D.Me.2012)); Emerald Casino, 268 F.3d at 480 n. 4 (stating that “[i]n ruling on a dismissal for lack of joinder of an indispensable party, a court may go outside the pleadings and look to extrinsic evidence”)'.

111. Factual Background

In deciding Defendants’ motion to dismiss, the Court assumes that the factual allegations in the complaint are true but is “not bound to accept ... a legal conclusion couched as a factual allegation.” San Gerónimo Caribe Project, Inc. v. Acevedo-Vila, 687 F.3d 465, 471 (1st Cir.2012).

. J & J distributes and licenses sporting events commercially. D. 1 ¶¶ 6, 12. J & J was granted the exclusive nationwide commercial distribution (closed-circuit) rights to “Manny Pacquiao v. Manual Marquez, WBO Welterweight Championship Fight Program,” a professional boxing match that was telecast nationwide on November 12, 2011 (the “Program”). Id. ¶ 10. In turn, J & J granted various commercial entities, including' entities in- Massachusetts, the right to exhibit the Program publicly within their respective commercial establishments under sublicensing agreements. Id. ¶ 11.

J & J expended a substantial amount of money on marketing, advertising, promoting, administering and transmitting the Program to the sublicensees. Id. ¶ 12. With full knowledge that the Program was not to be intercepted and exhibited by unauthorized commercial entities, Defendants showed the Program at the time of its transmission at-their commercial establishment in Lawrence, Massachusetts. Id. ¶ 13,

IV. Procedural History

J & J filed this lawsuit on November 12, 2014. D. 1. J & J asserts claims under 47 U.S.C. § 605 (Count I) and 47 U.S.C. § 553 (Count II). Id. ¶¶ 9-23. J & J also asserts a common law conversion claim [Count III) and a violation of Mass. Gen. L. c. 93A §§ 2, 11 (Count IV). Id. ¶¶ 24-33. Defendants have now moved to dismiss. D. 9. The Court heard argument on the motion on September 17, 2015 and took the matter under advisement. D. 13.

V. Discussion

A. J & J Sufficiently Pleads Its Claims

1. )7 U.S.C § 605 (Count I) and 17 U.S.C. § 553 (Count II)

Count I alleges a violation of 47 U.S.C. § 605. Section 605 “deals with communications traveling through the air (via radio).” Charter Commc’ns Entm’t I, DST [500]*500v. Burdulis, 460 F.3d 168, 173 (1st Cir. 2006). To state a claim under § 605, “a plaintiff must plead that the defendant received, assisted in. receiving, or transmitted the plaintiff’s satellite, transmission without authorization.” J & J Sports Prods., Inc..v. Nguyen, No. 13-cv-020.08-LHK, 2014 WL 60014, at *4 (N.D.Cal. Jan. 7, 2014).

Count II alleges a violation of 47 U.-S.C. § 553. Section-553 “covers communications traveling oyer cable wire.” Charter, 460 F.3d at 173. To state a claim under § 553, “a plaintiff must plead that the defendant intercepted or received, or assisted in intercepting or receiving, any communications service offered over a cable system.” Nguyen, 2014 WL 60014, at *4 (citing DirectTV, Inc, v. Webb, 545 F.3d 837, 844 (9th Cir.2008)).

J & J has not pled how the Program’s signal was intercepted, i.e., whether by satellite or cable. Nevertheless, courts have concluded that complaints like the one here should be treated as pleading alternative claims. See, e.g„ id. at *4 n.3 (stating that “[although 'the complaint does not specify whether Defendants intercepted a satellite transmission.or a cable transmission, Plaintiff pleads alternative claims under § 605 and § 553”);. J & J Sports Prods., Inc. v. Dougherty, No. 12-cv-1255-JD, 2012 WL 2094077, at *2 (E.D.Pa.

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139 F. Supp. 3d 495, 2015 U.S. Dist. LEXIS 138260, 2015 WL 5923549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-j-sports-productions-inc-v-cela-mad-2015.