DirecTV, Inc. v. EQ Stuff, Inc.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

This matter comes before the Court on the defendants’ motion to dismiss. After reviewing and considering the materials submitted by the parties, the Court denies the motion.

BACKGROUND

On January 11, 2002, the plaintiff, DIRECTV, Inc., (“DIRECTV” or the “plaintiff’) filed the instant action against EQ Stuff, Inc. (“EQ Stuff’), Michael and Beti-na Worley (the “Worleys”), Anna Bouzas, Taylor Patterson (“Taylor Patterson”), GBR Enterprises, Inc. (“GBR”), and On-Tech, Inc. (“OnTeeh”). The plaintiff alleges against all the defendants violations of The Digital Millennium Copyright Act, 17 U.S.C. §§ 1203 (the “DMCA”); The Communications Act, 47 U.S.C. § 605 (e)(3)(a) (the “Communications Act”); and The Wiretap Act, 18 U.S.C. § 2520 (a) (the ‘Wiretap Act”). On the same day, the plaintiff filed an ex parte application for a temporary restraining order (TRO), based on violations of the DMCA and the Communications Act. On January 16, 2002 the Court granted the TRO. On March 12, 2002, the Court granted the preliminary injunction.

Before the Court is a motion to dismiss and/or to transfer venue filed by EQ Stuff and the Worleys. The Worleys base…