Peak Performance Nutrition v. Media Power, Inc.

ORDER DENYING DEFENDANT WRIGHT’S MOTION FOR ORDER OF ABSTENTION.

This matter is before the Court on defendant Ken Wright’s motion for abstention (docket no. 8), filed September 11, 2009. The Court has considered the moving, opposition, and reply documents submitted in connection with this motion and deems the matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for November 28, 2009 is removed from the Court’s calendar. For the reasons and in the manner set forth below, the Court hereby DENIES Ken Wright’s Motion.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

This case arises out of a dispute about a nutritionist’s intellectual property. The plaintiffs are Dr. William E. Wheeler (‘Wheeler”), a nutritionist, and Peak Performance Nutrition (“Peak”; collectively, “Plaintiffs”). Wheeler eo-owns Peak with his wife, Linda Wheeler. There are three defendants: Media Power Inc. (“Media Power”), a Maine corporation; Media Power’s current president Kenneth W. Byers (“Byers”), who resides in Florida; and Ken Wright (“Wright”), who resides in California (collectively, “Defendants”). Wright owns Incubation LLC (“Incubation”)…