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

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.