Summary
The United States District Court for the District of Nevada screened Plaintiff Arthur D’Amario, III’s First Amended Complaint. The court determined that diversity jurisdiction was adequately alleged based on the asserted value of the photographic inventory and allowed a breach-of-contract claim against Globe Entertainment and Media Corp. concerning the failure to return the photographs to proceed. The court dismissed without prejudice the breach-of-contract claim against Globe Photos, Inc., and recommended dismissing with prejudice the claims against Hard Rock International and the claims for intentional interference, injunctive relief, and declaratory relief.
Holdings
- The First Amended Complaint adequately pleaded diversity jurisdiction for the claim concerning the agreement to return Plaintiff’s photographic inventory because the alleged value of the inventory exceeded $75,000.
- The breach-of-contract claim against Globe Entertainment based on the alleged failure to return Plaintiff’s photographic inventory may proceed.
- The breach-of-contract claim against Globe Photos was dismissed without prejudice.
- Plaintiff’s claims against Hard Rock International should be dismissed with prejudice.
- The intentional-interference claim should be dismissed with prejudice.
- The claims for injunctive relief and declaratory relief should be dismissed with prejudice.
Questions Presented
- Whether the First Amended Complaint adequately established diversity jurisdiction, including the amount-in-controversy requirement.
- Whether Plaintiff adequately pleaded a breach-of-contract claim against Globe Entertainment and Media Corp. based on failure to return his photographic inventory.
- Whether Plaintiff adequately pleaded a breach-of-contract claim against Globe Photos, Inc.
- Whether Plaintiff stated a claim against Hard Rock International despite alleging no contract with that entity.
- Whether Plaintiff stated claims for intentional interference with contractual relations, injunctive relief, or declaratory relief.
Disposition
other
Cases Cited (10)
- Bank of California National Association v. Twin Harbors Lumber Co., 465 F.2d 489, 491 (9th Cir. 1972)(followed)
- Valdez v. Allstate Insurance Co., 372 F.3d 1115, 1117 (9th Cir. 2004)(followed)
- Bernard v. Rockhill Development Co., 734 P.2d(followed)
- J.J. Industries, L.L.C. v. Bennett, 71 P.3d 1264, 1266 (Nev. 2003)(followed)
- Sutherland v. Gross, 772 P.2d 1287, 1290 (Nev. 1989)(followed)
- Bartsas Realty, Inc. v. Nash, 402 P.2d 650, 651 (Nev. 1965)(followed)
- Alandia v. U.S. Bank, Case No. 2:09-cv-687 JCM (PAL), 2009 WL 4611442, at *3 (D. Nev. 2009)(followed)
- Thomas v. Arn, 474 U.S. 140, 142 (1985)(followed)
- Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991)(followed)
- Britt v. Simi Valley United School District, 708 F.2d 452, 454 (9th Cir. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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