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JUAN PONT LEZICA, Plaintiff, v. CUMULUS MEDIA, INC., Defendant.

ORDER

THOMAS WISEMAN JR., Senior District Judge

Before the Court is the Rule 12(b)(1) Motion to Dismiss (Doc. No. 13) for lack of subject-matter jurisdiction filed by Defendant Cumulus Media, Inc. For the reasons explained in the accompanying Memorandum Opinion, the Court finds that because Plaintiff Juan Pont Lezica does not have a registered copyright of the photographs at issue in his Complaint, this Court does not have subject-matter jurisdiction over his copyright-infringement claim. Lacking original jurisdiction over that claim, the Court also lacks jurisdiction over the supplemental state-law misappropriation claim.

Defendant Cumulus Media, Inc.'s motion to dismiss is therefore GRANTED and this matter is DISMISSED WITHOUT PREJUDICE.

It is so ORDERED.

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LEZICA v. CUMULUS MEDIA, INC. (M.D.Tenn. 2-23-2010)
(Feb 23, 2010)