Tyler Armes v. Austin Richard Post

I. INTRODUCTION

20 Defendant Austin Richard Post, professionally known as Post Malone (“Post”), 21 is a well-known musical artist. (See generally First Am. Compl. (“FAC”) ¶ 1, ECF 22 No. 24.) Plaintiff Tyler Armes claims he co-authored both the composition and sound 23 recording of Post’s popular song Circles (“Composition” and “Recording,” 24 respectively) and deserves credit therefor and a share of the profits from Circle’s 25 success. (Id.) Now before the Court is a Motion to Dismiss the FAC (“Motion”) by 26 Defendants Post, Adam King Feeney, professionally known as Frank Dukes 27 (“Dukes”), and Republic Records, erroneously sued as Universal Music Group, Inc. 28 (collectively, “Defendants”). (Mot. to Dismiss (“Mot.”), ECF No. 28.) The matter is 1 fully briefed. (See Mot.; Opp’n to Mot. (“Opp’n”), ECF No. 29; Reply ISO Mot. 2 (“Reply”), ECF No. 31.) For the following reasons, the Court GRANTS in part and 3 DENIES in part the Motion.1 II. BACKGROUND 5 A. Relevant Facts Armes, also a professional musician, is the bandleader, writer, and producer for 7 the bands “Down With Webster” and “Honors.” (FAC ¶ 2.) Armes…