Davis v. Pro Basketball, Inc.

OPINION

MacMAHON, District Judge.

This is a diversity action for breach of contract. Defendant moves to dismiss the complaint for lack of subject matter jurisdiction, improper venue, and failure to state a claim upon which relief can be granted, Rules 12(b)(1), (3) and (6), Fed.R.Civ.P., or, in the alternative, for an order staying this action pending arbitration. Since the parties have submitted affidavits in support of their positions, we will treat the 12(b) (6) motion as one for summary judgment.

Plaintiff Bob Davis, a New York resident, is a professional basketball player who achieved some…