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Whistleblower Prods. LLC v. St8cked Media LLC

Copyright Infringement Suit Dismissed for Failure to Comply With Registration Requirement

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MEMORANDUM & ORDER Plaintiffs Whistleblower Productions, LLC, Kathleen Cole, Frank Vetro, Jeffrey Monsour, Michael Carey, Mary Ellen Belding, and Walter Wenger (collectively, “Plaintiffs”) bring this action against Defendants St8cked Media LLC, Michael Reichenberg, and Sola Adenekan (collectively, “Defendants”), advancing claims for declaratory relief, copyright infringement, and various causes of action under state law. Pending before the Court is Defendants’ motion to dismiss, which the Court grants for the reasons set forth below.BACKGROUNDPlaintiff Kathleen Cole is a businesswoman whose work involves the installment and maintenance of equipment for public schools and gymnasiums. (Amended Complaint (“Am. Compl.”), Dkt. 17,20.)¹ Around 2009, Cole “realized that the vast majority of schools” in New York State “were neither maintaining their safety devices nor training their staff in the safe operation of the doors and safety devices.” (Id.23.) Cole “report[ed] her findings to the State Legislature, Governor’s Office, Attorney General’s Office, the Mayor of New York City, the New York Department of Labor, the Suffolk and Nassau County District Attorneys’ Offices and other law enforcement agencies.” (Id.24.) As a result, Cole has suffered “[y]ears of relentless, coordinated retaliation.” (Id.25.)Inspired to create a documentary focused on the experiences of whistleblowers like her, Cole began to reach out to members of the film industry in 2013 and went on to form Plaintiff Whistleblower Productions, LLC. (Id.

26-27, 42, 44.) In December of 2017, Cole hired Defendants Michael Reichenberg and Sola Adenekan — both members of Defendant St8cked Media LLC (id.

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