United States District Court, D. Oregon
KELLY A. BARNETT, Plaintiff,
UBIMODO, INC., at al, Defendants.
OPINION AND ORDER
Michael McShane United States District Judge.
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
1. “Misappropriation of Trade Secrets;
2. Failure to Defend Trade Secrets;
3. National Stolen Property Act;
4. Economic Espionage Act;
5. Conspiracy; and
Claim Two, Plaintiff alleges:
2. Employment of manipulative and deceptive devices;
3. Wire Fraud; and
4. Free Speech.”
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.
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 ...