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Barnett v. Ubimodo, Inc.

United States District Court, D. Oregon

August 21, 2018

KELLY A. BARNETT, Plaintiff,
v.
UBIMODO, INC., at al, Defendants.

          OPINION AND ORDER

          Michael McShane United States District Judge.

         Defendant Ubimodo moves to dismiss all claims in this case for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1) and (6), on the grounds that the Amended Complaint fails to allege federal question jurisdiction. Defendant argues the Amended Complaint cites federal laws that do not give rise to a claim, thus leaving only state law claims. Plaintiff Ms. Barnett, proceeding pro se, alleges a number of claims under two headings: “Claim One” and “Claim Two.” See Am. Compl. 4 & 30; ECF No. 14. Under Claim One, Plaintiff alleges a violation of:

1. “Misappropriation of Trade Secrets;
2. Failure to Defend Trade Secrets;
3. National Stolen Property Act;
4. Economic Espionage Act;
5. Conspiracy; and
6. Copyright.”

         Under Claim Two, Plaintiff alleges:

1. “Fraud;
2. Employment of manipulative and deceptive devices;
3. Wire Fraud; and
4. Free Speech.”

         Invoking this Court's federal question jurisdiction, the Amended Complaint cites the following federal laws: 18 U.S.C. §§ 1831, 1832; 18 U.S.C. § 1312; 18 U.S.C. § 514; 17 CFR § 240.12b-20, 10b-5; 18 U.S.C. § 1030; 18 U.S.C. § 1343; Federal Copyright Act; and the First Amendment of the U.S. Constitution.

         Because the amended complaint fails to state a claim upon which relief may be granted, this Court GRANTS the defendants' motions to dismiss (ECP No. 27) with prejudice except the copyright infringement claim which is dismissed without prejudice. Plaintiff's Motion for Request for Grand ...


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