Page 2 of 7 Case No: 4:11cv92
The defendant Dancing Ferret Discs, Inc., has a record label and distributesmusic throughout the United States, including in Florida. Dancing Ferret
principal place of business is in Pennsylvania. The defendant Patrick M. Rodgers is
Dancing Ferret‟s chief executive.
and Dancing Ferret entered into a series of licensingagreements that now have expired. Dancing Ferret failed to pay royalties that weredue under the agreements. Dancing Ferret and Mr. Rodgers have continued todistribute
‟ music and to use its marks without authority.
IIThe Supreme Court has set out the standards governing a motion to dismissfor failure to state a claim:Federal Rule of Civil Procedure 8(a)(2) requires only
a shortand plain statement of the claim showing that the pleader is entitled torelief.
Specific facts are not necessary; the statement need only
give the defendant fair notice of what the . . . claim is and the groundsupon which it rests.
Bell Atlantic Corp. v. Twombly
, 550 U.S. 544,555 (2007) (quoting
Conley v. Gibson
, 355 U.S. 41, 47 (1957)). Inaddition, when ruling on a defendant
s motion to dismiss, a judge mustaccept as true all of the factual allegations contained in the complaint.
Bell Atlantic Corp.
at 555-556 (citing
Swierkiewicz v. Sorema N.A.
, 534 U.S. 506, 508, n.1 (2002);
Neitzke v. Williams
, 490 U.S. 319,327 (1989);
Scheuer v. Rhodes
, 416 U.S. 232, 236 (1974)).
Erickson v. Pardus
, 551 U.S. 89, 93 (2007). The court must accept the complaint
sallegations as true
even if [the allegations are] doubtful in fact.
, 550U.S. at 555.A complaint thus
does not need detailed factual allegations.
Case 4:11-cv-00092-RH-WCS Document 30 Filed 10/12/11 Page 2 of 7