Shloss

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND GRANTING IN PART DEFENDANTS’ MOTION TO STRIKE

I. INTRODUCTION

Plaintiff Carol Loeb Shloss (“Plaintiff’) brings this action for a declaratory judgment and injunctive relief pursuant to the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq. and 28 U.S.C. § 2201 . Plaintiff seeks a declaratory judgment that the use of certain written works in an electronic supplement to her book, if published, will not infringe any copyrights controlled or owned by the Estate of James Joyce (“Estate”) and Seán Sweeney, in his capacity as the trustee of the Estate (collectively, “Defendants”).

Presently before the Court is Defendants’ Motion to Dismiss, or in the Alternative, to Strike. The Court conducted a hearing on January 31, 2007. Based on the papers submitted to date and the oral arguments of counsel, the Court DENIES Defendants’ Motion to Dismiss and GRANTS in part Defendants’ Motion to Strike.

II. BACKGROUND

Plaintiff alleges as follows:

Plaintiff filed this lawsuit in June 2006 alleging four causes of action: (1) Count 1, for a declaratory judgment that the Electronic Supplement does not infringe any of Defendants’ copyrights; (2) Count 2,…