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Dychiuchay v. David Grieshaber; Aradia Investments, Inc.

United States District Court, D. Nevada

May 1, 2014

FRANCINE DYCHIUCHAY, aka Francine Dee, aka, Djhoanna Dee, a single woman, Plaintiff,
v.
DAVID GRIESHABER; ARADIA INVESTMENTS, INC., a California corporation; DOES I through X, ROE CORPORATIONS I through X, inclusive, Defendants.

Leland Eugene Backus, Esq., James J. Conway, Esq., BACKUS, CARRANZA & BURDEN, 3050 South Durango Drive, Las Vegas, NV. Attorneys for Defendants, David Grieshaber and Aradia Investments, Inc.

BAILUS COOK & KELESIS, LTD. Marc P. Cook, Esq., Las Vegas, NV. Attorneys for Plaintiff, Francine Dychiuchay

ORDER

JAMES C. MAHAN, District Judge.

I. SUMMARY

Before the Court is Defendants, DAVID GRIESHABER'S and ARADIA INVESTMENTS, INC.'S Motion to Dismiss Plaintiff, FRANCINE DYCHIUCHAY's Complaint Pursuant to Fed.R.Civ.P. 12(b)(2) [Docket #4], and Plaintiff, FRANCINE DYCHIUCHAY's Motion for Preliminary Injunction, filed in Clark County, Nevada District Court prior to the removal of this matter to federal court.

Oral argument was held on April 21, 2014, the Honorable James C. Mahan president, Marc P. Cook, Esq. of Bailus Cook & Kelsis, Ltd., appearing on behalf of Plaintiff, FRANCINE DYCHIUCHAY, and James J. Conway, Esq. of Backus, Carranza & Burden, appearing on behalf of Defendants, DAVID GRIESHABER and ARADIA INVESTMENTS, INC.

On April 21, 2014, this Honorable Court granted Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(2) [Docket #4]. As a result, this Honorable Court vacated Plaintiff's Motion for Preliminary Injunction as said motion is moot. In addition, the Court also vacated Plaintiff's Motion for Sanctions Pursuant to FRCP Rule 11 [Docket #16] as said motion is also moot.

II. BACKGROUND

Plaintiff, FRANCINE DYCHIUCHAY, entered into a written contract with Defendants, DAVID GRIESHABER and ARADIA INVESTMENTS, INC., on or about May 20, 1998. The contract constituted a written agreement whereby Plaintiff, FRANCINE DYCHIUCHAY, and Defendants, DAVID GRIESHABER and ARADIA INVESTMENTS, INC., would engage in the creation and maintenance of a website on which Plaintiff would provide modeling services.

On February 11, 2014, Plaintiff, FRANCINE DYCHIUCHAY, filed a Complaint in the Eighth Judicial District Court for Clark County, Nevada, bearing case number A-14-695973. The Complaint named DAVID GRIESHABER and ARADIA INVESTMENTS, INC. as Defendants. On February 19, 2014, Plaintiff, FRANCINE DYCHIUCHAY, filed in Clark County District Court a Motion for Preliminary Injunction requesting the prohibition of Defendants, DAVID GRIESHABER's and ARADIA INVESTMENTS, INC.'s utilization of Plaintiff's likeness on certain internet websites.

On March 7, 2014, Defendants, DAVID GRIESHABER and ARADIA INVESTMENTS, INC., timely removed this action to federal court [Docket #1]. Thereafter, on March 12, 2014, Defendants, DAVID GRIESHABER and ARADIA INVESTMENTS, INC., filed a Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(2) for lack of personal jurisdiction [Docket #4].

On March 20, 2014, Plaintiff, FRANCINE DYCHIUCHAY, filed her Response in Opposition to Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(2) [Docket #11]. On March 31, 2014, Defendants filed their Reply in Support of their Motion to Dismiss [Docket #14].

As noted above, Plaintiff, FRANCINE DYCHIUCHAY, originally filed a Motion for Preliminary Injunction in Clark County District Court prior to the March 7, 2014 removal of this action to federal court. On March 13, 2014, Defendants filed their Opposition to Plaintiff's Motion for Preliminary Injunction [Docket #6]. On March 20, 2014, Plaintiff filed her Reply to Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction [Docket #10].

Pursuant to this Court's April 7, 2014 Minute Order [Docket #15], oral argument regarding Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(2) and Plaintiff's Motion for Preliminary Injunction was scheduled for April 11, 2014. Thereafter, oral argument for said motions was rescheduled ...


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