Weinstein Co. v. Smokewood Entertainment Group, LLC

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Plaintiff The Weinstein Company, LLC, (“plaintiff” or “TWC”) commenced this action on February 4, 2009, against defendant Smokewood Entertainment Group, LLC (“defendant” or “Smokewood”), seeking monetary damages for defendant’s alleged breach of an agreement for the licensing and distribution rights to the motion picture Push: Based on the Novel by Sapphire (“Push”). Pursuant to Fed. R.Civ.P. 12(b)(6), defendant now moves to dismiss plaintiffs claim for failure to state a claim upon which relief can be granted.

For the following reasons,…