Newell v. Inland Publications Inc

1 U.S. FDILISETDR IINC TT HCEO URT 2 EASTERN DISTRICT OF WASHINGTON Sep 22, 2023 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 8 ASH NEWELL, No. 2:23-CV-00025-SAB 9 Plaintiff, 10 v. ORDER DENYING 11 INLAND PUBLICATIONS INC., MOTION TO DISMISS 12 Defendant.

14 Before the Court is Defendant Inland Publications Inc.’s Motion to Dismiss for Failure to State a Claim, ECF No. 13. Plaintiff Newell is represented by Craig Sanders. Defendant is represented by Louis Dorny and Hannah Brown.

17 Defendant’s motion alleges Plaintiff failed to plead facts sufficiently detailed or specific to show how his claim overcomes the three-year statute of limitations for copyright infringement claims, making the complaint defective for failing to articulate a plausible claim as required by the U.S. Supreme Court’s decision in Ashcroft v. Iqbal, 556 U.S. 662 (2009).

22 Plaintiff has since timely filed a First Amended Complaint, ECF No. 15, in accordance with Federal Rule of Civil Procedure 15(a)(1)(B). As such, the Court DENIES with leave to renew Defendant Inland Publications Inc.’s Motion to Dismiss as moot.

26 // // // 1 Accordingly, IT IS HEREBY ORDERED: 2 l. Defendant Inland Publications Inc.’s Motion to Dismiss for Failure to 3} } State a Claim, ECF No. 13, is DENIED with leave to renew.

IT IS SO ORDERED. The District Court Executive is hereby directed to 5|| file this Order and provide copies to counsel.

DATED this 22nd day of September 2023.

10 , 11 Sue £ 74 dai.

12 Stanley A. Bastian 13 Chief United States District Judge 22)