Prunte v. Universal Music Group

• Decision Date: 30 March 2007
• Docket Number: Civil Action No. 06-0480(PLF).
• Citation: 484 F.Supp.2d 32
• Parties: Robert R. PRUNTÉ, and Yoworld Music Company, Plaintiffs, v. UNIVERSAL MUSIC GROUP, et al., Defendants.
• Court: U.S. District Court — District of Columbia

484 F.Supp.2d 32

Robert R. PRUNTÉ, and Yoworld Music Company, Plaintiffs, v. UNIVERSAL MUSIC GROUP, et al., Defendants.

Civil Action No. 06-0480(PLF).

United States District Court, District of Columbia.

March 30, 2007.

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COPYRIGHT MATERIAL OMITTED

Robert R. Pruntée, Baltimore, MD, pro se.

Michael Brian Desanctis, Jenner & Block LLP, Washington, DC, for Defendants.

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court on the motion of defendants UMG Recordings, Inc. ("UMG" or "Universal") and Atlantic Recording Corporation ("Atlantic") to dismiss the amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim.¹ Plaintiffs, proceeding pro se, assert a number of claims against approximately 45 named defendants, ranging from major recording companies, and their chairmen and boards of directors, to high profile recording artists. The 101-page amended complaint largely pertains to copyright infringement while also asserting claims for breach of fiduciary duty, violations of the Lanham Act, and civil RICO claims, as well as a number of criminal claims such as extortion and bank fraud. Upon consideration of the motion, the opposition, and the reply, the Court grants in part and denies in part defendants' motion to dismiss the amended complaint.

I. BACKGROUND

Plaintiffs are Robert R. Prunte and Yoworld Music Company, doing business as Rowdy City Records. Mr. Prunte is the President of YoWorld Music Company, which produces music and sells compact discs to the public on the streets. See Amended Complaint ("Am.Compl."), Exs. F, M.² Mr. Prunte and his business partner, Karen Pate, took part in a service defendant Universal provides, whereby Mr. Prunte and his associates sent samples of their musical work to a division of Universal known as Inside Sessions, and received written feedback on those musical samples. See Am. Compl. 1189, Exs. B-D, O. Mr. Prunte submitted 38 songs to Inside Sessions in 2001 and received written critiques from Inside Sessions in 2002. See id. ¶ 89, Exs. B-C. Between the time he filed his original complaint and his amended complaint, Mr. Prunte pre-registered a volume of musical works with the United States Copyright Office for copyright protection. See id., Ex. T; Motion to Dismiss Filed By Defendants UMG Recordings, Inc. and Atlantic Recording Corporation ("Def.Mot.") at 6.

Plaintiffs allege that various recording artists have infringed upon lyrics Prunte produced while doing business as Yoworld. Plaintiffs further allege a conspiracy among the major recording labels named in the amended complaint to steal the lyrics and artistic expressions that Mr. Prunte provided to Inside Sessions and to use those lyrics and expressions in songs produced for their own artists. See Am. Compl. ¶¶ 48, 51, 59-61, 89, 101. Plaintiffs allege that the following are participants in the conspiracy: Universal Records, doing business as UMG Recordings, Inc., Atlantic Recording Corporation, Warner Music Group, Viacom International, Interscope Records, Cash Money Records, Ted Turner, Kanye West, Sean (Jay-Z) Carter, Fat Joe, Ludacris, 50 Cent, and numerous others. See Am. Compl. ¶¶ 20-47 (listing defendants). In all, there are approximately 45 defendants in this action. See id. Summonses have been issued only as to defendants Universal Music Group, Inc., Warner Music Group, and Viacom International, Inc. Counsel for defendants Universal and Atlantic entered an appearance by filing the instant motion to dismiss, but plaintiffs have failed to provide proof of service as to Viacom or any other defendants.

In addition to claiming direct and contributory civil copyright infringement against the defendants, plaintiffs assert ten other claims. Plaintiffs allege that "all defendants" engaged in unfair competition in violation of the Lanham Act, 15 U.S.C. § 1125, and an "unlawful Civil RICO Enterprise," in violation of 18 U.S.C. § 1961, and that "Inside Sessions" breached a fiduciary duty to plaintiff. See Am. Compl. ¶¶ 133, 136 (detailing the Lanham Act claim), 141-241 (describing the civil RICO claim), 301-07 (asserting a breach of fiduciary duty). Plaintiffs further assert seven claims based on criminal statutes: (1) bank fraud, in violation of 18 U.S.C. § 1344; (2) extortion, in violation of 18 U.S.C. § 1951; (3) criminal copyright infringement, in violation of 17 U.S.C. § 506 and 18 U.S.C. § 2319; (4) trafficking in counterfeit labels, illicit labels, counterfeit documentation or counterfeit packaging, in violation of 18 U.S.C. § 2318; (5) interstate transportation of stolen property, in violation of 18 U.S.C. § 2314; (6) a violation of the Travel Act, 18 U.S.C. § 1952, which deals with interstate and foreign travel or transportation in aid of racketeering enterprises; and (6) theft of trade secrets in violation of the Electronic Espionage Act, 18 U.S.C. § 1832. See Am. Compl. ¶¶ 232-37 (asserting 18 U.S.C. § 1344 violation), 238-48 (asserting 18 U.S.C. § 1951 violation), 250-58 (asserting 17 U.S.C. § 506 violation), 258-65 (asserting 18 U.S.C. § 2318 violation), 266-69 (asserting 18 U.S.C. § 2314 violation), 270-81 (asserting 18 U.S.C. § 1952 violation), 284-300 (asserting 18 U.S.C. § 1832 violation).

II. DISCUSSION

A. Standard of Review

On a motion to dismiss for failure to state a claim, the Court must assume the truth of the facts alleged in the complaint and may grant the motion only if it appears beyond doubt that the plaintiff will be unable to prove any set of facts that would justify relief. Summit Health, Ltd. v. Pinhas, 500 U.S. 322, 325, 111 S.Ct. 1842, 114 L.Ed.2d 366 (1991); Browning v. Clinton, 292 F.3d 235, 242 (D.C.Cir.2002). The complaint is construed liberally in plaintiffs favor, and the Court must grant plaintiff the benefit of all reasonable inferences that can be derived from the facts alleged. Kowal v. MCI Communications Corp., 16 F.3d 1271, 1276 (D.C.Cir.1994); accord Andrx Pharms. v. Biovail Corp. Int'l, 256 F.3d 799, 805 (D.C.Cir.2001). Nonetheless, the Court need not accept inferences suggested by the plaintiff if those inferences are not supported by facts alleged in the complaint, nor must the Court accept the plaintiffs legal conclusions. See Western Associates, Ltd. v. Market Square Associates, 235 F.3d 629, 634 (D.C.Cir.2001); National Treasury Employees Union v. United States, 101 F.3d 1423, 1430 (D.C.Cir.1996); Kowal v. MCI Communications Corp., 16 F.3d at 1276.

While pro se complaints are held to a less stringent standard than complaints drafted by attorneys, see Gray v. Poole, 275 F.3d 1113, 1116 (D.C.Cir.2002); Amiri v. Hilton Washington Hotel, 360 F.Supp.2d 38, 41-42 (D.D.C.2003), a pro se plaintiffs inferences "need not be accepted `if such inferences are unsupported by the facts set out in the complaint.'" Caldwell v. District of Columbia, 901 F.Supp. 7, 10 (D.D.C.1995) (quoting Henthorn v. Dept. of Navy, 29 F.3d 682, 684 (D.C.Cir.1994)). "`A pro se complaint, like any other, must state a claim upon which relief can be granted by the court.'" Id. (citing Crisafi v. Holland, 655 F.2d 1305, 1308 (D.C.Cir. 1981)). Moreover, the Court need not await a formal motion under Rule 12(b)(6), but may, on its own initiative, dismiss a complaint for failure to state a claim. See Best v. Kelly, 39 F.3d 328, 331 (D.C.Cir. 1994) (quoting Baker v. Director, United States Parole Comm'n, 916 F.2d 725, 726 (D.C.Cir.1990)) (per curiam); 5B CHARLES ALAN WRIGHT AND ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 1357 at 409 n. 4 (3d ed.2004).

B. YoWorld is Unrepresented

The Court agrees with defendants that YoWorld is an artificial entity rather than a natural person, and therefore must be represented by counsel to pursue claims in this Court. See Def. Mot. at 5-6. Regardless of the particular type of business association YoWorld might be, it is clear that any artificial entity, whether a corporation, partnership or association, cannot proceed in federal court without counsel. see Rowland v. California Men's Colony, 506 U.S. 194, 202, 113 S.Ct. 716, 121 L.Ed.2d 656 (1993) (only natural persons may appear pro se in federal court). Because YoWorld is not represented by counsel, the Court will dismiss all of YoWorld's claims against all defendants, and address the claims as brought by pro se plaintiff Robert Prunte in his individual capacity.

C. Motion to Dismiss for Failure to State a Claim

1. Counts I and II

Mr. Prunte alleges direct and contributory copyright infringement in the first two counts of his amended complaint. See Am. Compl. ¶¶ 63, 122. To establish copyright infringement, a plaintiff must prove (1) "ownership of a valid copyright, and (2) copying of constituent elements of the work that are original." Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991); see Sturdza v. United Arab Emirates, 281 F.3d 1287, 1295 (D.C.Cir. 2002); Stenograph L.L.C. v. Bossard Assoc., Inc., 144 F.3d 96, 99 (D.C.Cir.1998). Defendants have moved to dismiss these claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for which relief can be granted, stating that (1) Mr. Prunteacute;e has not pleaded facts showing ownership of a valid copyright, and (2) even if valid ownership can be shown, a substantial similarity does not exist between the allegedly protected works and the allegedly infringing works. See Def. Mot. at 6-7, 11. Defendants' first argument, that plaintiffs have not pleaded facts showing ownership of a valid copyright, is not properly the subject of a motion to dismiss for failure to state a claim under Rule 12(b)(6).

Defendants' challenge to ownership of a valid copyright is a challenge to the Court's subject matter jurisdiction over plaintiffs' claim; the argument therefore should have been made pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 12(b)(1); see also ...