Opinion
Civil Action 20-cv-6507
07-22-2022
THE SCHORK GROUP, INC., Plaintiff, v. CHOICE! ENERGY SERVICES, RETAIL, LP, ET AL. Defendants.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 21st day of July, 2022, upon consideration of Defendants' motion to dismiss (ECF No. 20), Plaintiffs' response in opposition (ECF No. 21), and Defendants' reply to the response (ECF No. 22), it is hereby ORDERED that Defendants' motion to dismiss is GRANTED in part and DENIED in part as follows:
1. Defendants' motion to dismiss Defendant Scarbrough due to lack of personal jurisdiction, or in the alternative, to transfer the case to the Southern District of Texas is DENIED.
2. Defendants' motion is DENIED as to Plaintiffs' claims for copyright infringement (count one), removal of copyright management information (count three), and breach of contract (count four).
2. Defendants' motion is GRANTED as to Plaintiffs' claims for circumvention of copyright protection systems (count two) and unjust enrichment (count five), and those claims are DISMISSED with prejudice.