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Prof'l Bull Riders LLC v. InFront X LLC

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OPINION & ORDER   The point to be decided on this motion to dismiss the complaint is very narrow. It does not call for appraisals of the merits of any of the claims. It seeks only the determination that because the terms of a federal criminal statute were not violated, there was no federal crime to support federal jurisdiction over a related civil claim. Since that claim is the only source of federal jurisdiction over the remaining common law claims of breach of contract, they should be dismissed without prejudice to their prosecution in a New York state court. The Background Setting Professional Bull Riders, LLC (“PBR”) wished to redesign the architecture of its website which is a critical part of its business model, providing information, merchandise, video and event ticketing opportunities to tens of millions of fans of professional bull-riding (complaint 1). It entrusted access to its website to defendant iX, giving iX effective control, limited to implementing the agreed website design, id

2,3. That included only “open source” code elements, of a kind to be agreed, but not proprietary code, id 5. The parties agreed on an open source platform any web professional could maintain and upgrade, although iX”s preference would have been its proprietary “Corebine” software platform, id

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