Chaquico

ORDER RE: MOTION TO DISMISS

Re: Dkt. No.

INTRODUCTION

Defendants David Freiberg, Donny Baldwin, Chris Smith, Jude Gold, and Catherine Richardson (collectively, “Defendants”) move to dismiss Plaintiff Craig Chaquico’s First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). Mot., Dkt. No. 14; see FAC, Dkt. No. 11. Plaintiff filed an Opposition (Dkt. No. 17) and Defendants filed a Reply (Dkt. No. 18). The Court previously found this matter suitable for disposition without oral argument. Dkt. No. 19. Having considered the parties’ positions, the relevant legal authority, and the record in this case, the Court GRANTS IN PART Defendants’ Motion for the following reasons.

BACKGROUND

In 1970, Plaintiff and nonparty Paul Kantner began recording music and performing concerts with other musicians under the name “Jefferson Starship.” FAC ¶ 14. The original lineup of Jefferson Star-ship included Chaquico, Kantner, Frei-berg, and four other band members. Id. ¶ 15. From its formation through 1985, Jefferson Starship released twenty platinum and gold albums and reached the top of Billboard charts for multiple releases. Id. ¶ 16. Jefferson Starship’s…