Kosten v. Kosten, No. 16 C 6666, Slip Op. (N.D. Ill. Dec. 14, 2016) (Kennelly, J.).
Judge Kennelly denied in part defendant’s Fed. R. Civ. P. 12(b) motion to dismiss plaintiff’s state law claims in this case involving copyright claims and generally relating to the sale of the parties’ Garden Row sauce business.
While only one of three plaintiff’s brought a copyright claim – related to art created for use with Garden Row’s sauces – the Court had supplemented jurisdiction over the other parties’ state law claims because they all arose from a common nucleus of fact – the allegedly improper sale of the Garden Row business.
The Court did dismiss plaintiff’s breach of contract claim for failure to identify the allegedly breached terms. The Court also counseled plaintiff to attach the relevant agreements if it chose to refile.