Ingrassia

ORDER RE: MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

I. History

In 1986, Plaintiffs Bruce Alan Ingrassia and Millimac Enterprises produced a number of original visual images among them, “MiWuk Indian Riding on a Chicken.” Plaintiffs printed this image on hats, shirts, and other souvenirs. Defendants Chicken Ranch Ranchería Tribe and Chicken Ranch Bingo and Casino purchased these items for resale. Plaintiffs retained the copyright under the arrangement. It is unclear whether there was a written contract between Plaintiffs and Defendants. The business relationship lasted for a number of years and ended at an unspecified time. In 2007, Plaintiffs discovered that Defendants were selling items with the image of “MiWuk Indian riding on a Chicken” produced without Plaintiffs’ permission.

Plaintiff sued Defendants in the Superi- or Court of California, County of Tuolumne on June 9, 2009, alleging breach of contract, common counts, and copyright infringement. Defendants removed the case to federal court on July 20, 2009 under 28 U.S.C. § 1441 (b). Defendants then filed a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. Proc. 12(b)(1) due to…