McKenzie-Morris v. V.P. Records Retail Outlet Inc.

MEMORANDUM OPINION AND ORDER I.INTRODUCTION This order and opinion resolves a second partial motion to dismiss filed by Defendants — various entities related to VP Records and Greensleeves Publishing, Ltd. — seeking to narrow a case brought by Plaintiff Shauna McKenzie-Morris, a singer-songwriter better known by her performing name “Etana.” Plaintiff, now proceeding pro se, brings contract-based, copyright, fraud, and accounting causes of action. As they did in their prior motion, Defendants move to dismiss all of Plaintiff’s non-contract claims; they also now move to dismiss part of a contract-based cause of action that they contend represents a new claim. Because — construing Plaintiff’s active complaint liberally in line with her pro se status — her new contract-breach allegations constitute part of a claim rather than a standalone claim, the Court will not dismiss those allegations. But because Plaintiff’s copyright and fraud claims are time-barred, and her accounting claim is preempted, those claims will be dismissed. Defendants’ motion to dismiss is thus GRANTED IN PART. II. BACKGROUND¹ a. Facts Plaintiff Shauna McKenzie-Morris, professionally known as Etana, is a Jamaican reggae artist. Dkt. No. 103 (Third Amended Complaint, or “TAC”) 1. Since her first commercial release in 2006, she has sold millions of records worldwide. Id. 2. She has had a song “certified gold,” is the first female artist to receive two Grammy nominations in the Reggae album category, and two of her albums have topped the Billboard Reggae charts. Id.; see also id.

27-31 (further describing McKenzie-Morris’s background and success). Defendant VP Records — the collective name for defendants VP Records Retail Outlet, V.P. Music Group, V.P. Record Distributors, VP Records of Brooklyn, and STB Music — is the largest reggae label, distributor, and publisher in the world. Id. 47. Defendant Greensleeves Publishing, Ltd. (“GPL” or “Greensleeves,” and together with VP Records, “Defendants”), formerly a British record label known as Greensleeves Records, was acquired and renamed by VP Records in February 2008. Id.