Butler v. Target Corp.

ORDER (1) GRANTING IN PART, DENYING, IN PART, DEFENDANTS’ , MOTION TO DISMISS; (2) DENYING PLAINTIFFS’ ORAL MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL

The matter before the Court is Defendants’ Motion to Dismiss the First, Second and Fourth Causes of Action for Failure to State a Claim. On June 7, 2004, counsel appeared before the Court, the Honorable Consuelo B. Marshall, Chief United States District Judge presiding. At oral argument, Plaintiffs made an oral motion for certification of an interlocutory appeal.

Upon consideration of the papers and arguments submitted, the Court hereby (1) GRANTS IN PART and DENIES IN PART Defendants’ Motion to Dismiss the First, Second and Fourth Causes of Action, and (2) DENIES Plaintiffs’ Motion for Certification of an Interlocutory Appeal.

JURISDICTION

This action is before the Court pursuant to 28 U.S.C. § 1332 .

PROCEDURAL HISTORY AND FACTUAL BACKGROUND

In or about 1992, plaintiffs Ishmael Butler and Maryann Vieira wrote the jazz/hip-hop music composition Rebirth of Slick (Cool like Dat) (the “Song”). In or about 1993, the Song was recorded by plaintiffs Butler, Vieira and Craig Irving (collectively, “Plaintiffs”) under the name…