In 1970, Plaintiff Stroud provided RCA Records with approximately 77 master recordings of Simone s performances for restoration and preservation purposes. Plaintiff Stroud had been married to Simone from 1961 until 1972, and Plaintiffs produced Simone s performances and recordings. Allegations of the Instant Complaint This action centers on, inter alia, the ownership rights of certain master recordings of the late jazz singer Nina Simone. For the reasons set forth below, Brown s motion to dismiss without prejudice under the prior pending action doctrine is granted.1 1 Because this action will be dismissed pursuant to the prior pending action doctrine, the Court finds no occasion to address Brown s motion to dismiss for failure to state a cause of action pursuant to Federal Rule 12(b)(6). Alternatively, Brown moves the Court to dismiss this action without prejudice pursuant to the prior pending action doctrine.
12(b)(3) and (3) for failure to state a claim for which relief may be granted, pursuant to Fed. 12(b)(2) (2) for improper venue, pursuant to Fed. Defendant Steven Ames Brown ( Brown ) now moves this Court to dismiss Plaintiffs Complaint on the following grounds: (1) for lack of personal jurisdiction, pursuant to Fed R. and Andrew Stroud ( Plaintiffs ) filed their Complaint seeking a declaration of rights to certain master recordings of the late jazz singer Nina Simone, and alleging, inter alia, copyright infringement, false designation of origin under the Lanham Act, fraud and tortious interference with prospective contractual advantage.
HAROLD BAER, JR., United States District Judge: Plaintiffs Andy Stroud, Inc. and ANDREW : STROUD, : : Plaintiffs, : : -against: : STEVEN AMES BROWN and LISA : SIMONE KELLY, as administrator of THE : ESTATE OF NINA SIMONE : : Defendants. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -x ANDY STROUD, INC.
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