I. Statement of the Case: A. Procedural History:
On June 18, 2013, Dr. Ergun Caner filed a Complaint in the Northern District of Texas. On October 14, 2013, Dr. Ergun Caner filed an Amended Complaint. In Counts 1 and 2, Dr. Caner alleges that Jonathan Autry infringed his copyright by posting two videos on YouTube. In Counts 3 and 4, Dr. Caner alleges that Jason Smathers infringed his copyright by posting two videos. The video in Count 1 and 3 are the same video. On November 25, 2013, Defendants filed a motion to sever the case for improper joinder. Defendants are also filing, contemporaneous with this motion, a motion to dismiss for failure to state a claim and a motion to dismiss for failure to join all necessary parties, and Jonathan Autry is filing a motion to transfer the case to the Western District of Virginia.
B. Statement of the Facts:
Jason Smathers, a resident of Arizona, posted the videos subject to Count 3 and 4 in 2010
while Dr. Caner lived in Virginia. Jonathan Autry Dec. ¶ 7 (Ex. “A”)
; Jason Smathers Dec., Dkt. #23-1, ¶ 4 (filed Nov. 25, 2013). Jonathan Autry, a Virginia resident, posted the video subject to Count 2 in Spring of 2011 while Dr. Caner lived in Virginia. Jonathan Autry Dec. ¶ 18 (Ex.
“A”). Jonathan Autry posted the Count 1 video in February 2012. Jonathan Autry Dec. ¶ 8 (Ex. “A”). This was after Dr
. Caner moved from Virginia to Texas, but Count 1 was the same video that Mr. Smathers posted in 2010 that is subject to Count 3. Accordingly, all 3 videos were originally posted while Dr. Caner lived in Virginia.
Case 4:13-cv-00494-Y Document 26-1 Filed 11/26/13 Page 2 of 9 PageID 101