Rosen
Rosen v. Masterpiece Marketing Group, LLC
Opinion
Lead Opinion
Otero, J.
PROCEEDINGS (in chambers): ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO STRIKE THE ANSWER OF MASTERPIECE MARKETING GROUP, LLC [Docket. No. 52]
This matter is before the Court on Plaintiff Barry Rosen’s (“Plaintiff’) Motion to Strike the Answer of Masterpiece Marketing Group, LLC (“Motion”), filed on January 27, 2016. Defendant Masterpiece Marketing Group, LLC (“MMG”) opposed the Motion (“Opposition”) on February 8, 2016. Plaintiff replied (“Reply”) on February 12, 2016. The Court found this matter suitable for disposition without oral argument and vacated the hearing set for February 29, 2016. See Fed. R. Civ. P. 78(b). For the following reasons, the Court GRANTS IN PART and DENIES IN PART Plaintiffs Motion.
L FACTUAL AND PROCEDURAL BACKGROUND
A. Factual Background
This case centers on allegations that MMG sold and displayed online eleven of Plaintiffs copyrighted photographs (the “Photographs”) without Plaintiffs authorization. Plaintiff alleges the following in his First Amended Complaint (“FAC”), filed on September 29, 2015. (First Am. Compl., ECF No. 10).
Plaintiff is a professional photographer who resides within the County of Los An-geles,…