Idema

ORDER RE: DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND TO DISMISS

In this civil action complaining of alleged misappropriation of Plaintiffs’ ideas and expression for the creation and production of the 1997 motion picture “The Peacemak er,” Plaintiffs allege claims of direct and contributory copyright infringement, and eleven associated claims under different state laws. Defendants have filed two motions: the first seeks summary judgment on Plaintiffs’ first two (copyright) claims; the second seeks dismissal of Plaintiffs’ state law claims. Both motions came on for a hearing before this Court on September 10, 2001. The Court GRANTS the summary judgment motion, and GRANTS IN PART AND DENIES IN PART the motion to dismiss. The SAC is DISMISSED: the First through Fifth, Seventh through Tenth, Twelfth, Thirteenth, and part of the Eleventh Claims are DISMISSED, with prejudice. The Sixth and remaining Eleventh Claims are DISMISSED, without prejudice.

I. PROCEDURAL HISTORY

Plaintiffs Pro Se J. KEITH IDEMA (“Idema”), GARY SCURKA, KATHY SCURKA (“the Scurkas”), and JIM MORRIS (“Morris”) (collectively, the “Plaintiffs”) commenced this civil action with an initial Complaint filed September…