United States District Court, E.D. New York
For Plaintiffs: ROBERT B. MCKAY, ESQ., CARNEY & MCKAY, Garden City, New York.
For Defendants: MICHAEL S. RE, ESQ., MORITT HOCK & HAMROFF LLP, Garden City, New York.
MEMORANDUM AND ORDER
LEONARD D. WEXLER, UNITED STATES DISTRICT JUDGE.
This is a case brought pursuant to this court's diversity jurisdiction. Plaintiffs are Spencer Lader (" " Lader" ), who is a principle of Plaintiff Spendan Sports, LLC. (" Spenden" ) (collectively " Plaintiffs" ). Defendant is Carlos Delgado (" Delgado" or " Defendant" ), a former professional baseball player who played, at one time, for the New York Mets. Presently before the court is Defendant's motion, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the case in its entirety. For the reasons set forth below, the motion is granted.
At this stage in the proceedings, the facts before the court are presumed true and construed in the light most favorable to Plaintiffs, the non-moving parties.
Holmes v. Grubman, 568 F.3d 329, 335 (2d Cir. 2009).
The facts to be considered are derived from the complaint, as well as documents properly before the court of which both parties have notice.
Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir. 2002) (on motion to dismiss court may consider pleadings as well as all documents incorporated therein by reference). Such documents include those attached to the pleadings, incorporated in it by reference and/or subject to judicial notice.
Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 2007); see Global Network Commc'ns, Inc. v. City of New York, 458 F.3d 150, 156 (2d Cir. 2006) (court considers documents if they " are integral to the pleading or subject to judicial notice" ). In this matter, the court may therefore consider the pleadings here as well as those in a related state court matter.
A. The Parties and Their Business Arrangement
Plaintiffs are engaged in the business of representing sports figures in the marketing and sale of sports memorabilia bearing their signatures and likeness. Lader has been in the sports marketing business since 2005. He has continued in that business,
as a principle of Spenden, since 2007. As noted, Delgado is a former professional baseball player. He is ...