Opinion
CIVIL 00-26O7CCC
July 28, 2003
ORDER
This Is an action for copyright Infringement, breach of contract, and unjust enrichment allegedly arising from defendants' breach of contract and use of a plan for archeological Investigation on which Garcia-Goyco holds the copyrights. The action Is now before us on defendant Law Environmental Consultant, Inc.'s [Law] Motion to Dismiss for Lack of Subject Matter Jurisdiction ( docket entry 7), which is Joined by the Puerto Rico Highway Authority [the Authority] ( docket entry 24). Plaintiffs opposed the motion ( docket entry 40), and Law replied ( docket entry 48).
While purporting to be a motion to dismiss for lack of subject matter jurisdiction, both parties argue as if they had filed a motion for summary judgment. Law Includes something entitled Statement of Undisputed Merged Well-Plead Facts In Support of LEC's Motion to Dismiss for Lack of Subject Matter jurisdiction, which appears to argue each paragraph of the copyrighted documents. Plaintiffs opposition is primarily directed to arguing his pendant claims and denying defendant's "merged well-pled facts." With regard to his copyright claim, Garcia-Goyco relies on his cancellation of the non-exclusive license, while rambling on, ad nauseam. about the facts of the pendant claims, which do not enter into the jurisdictional issue. Additionally, the motions fell to meet the requirements this District's Local Rule 311(12), which would allow us to consider them as motions for summary Judgment.
Rule 311(12)requires" . . . separate, short, and concise statement of material facts . . . `which the movant believes to be uncontested, or that the non-moving party believes are contested.(our emphasis)
It Is undisputed that Garcia-Goyco has registered copyrights on the documents in question and that, with the allegations of Infringement, create a prima fade claim raising a federal question. Feist Publications Inc. v. Rural Tel. Sew. Co., 449 U.S. 340, 361 (1991).
For the above stated reason, the Law's Motion to Dismiss ( docket entry 7), which is joined by the Authority ( docket entry 24) Is DENIED.
SO ORDERED.