OPINION AND ORDER Publimagen De Asesores contracts with performing artists through its vice president and sole shareholder, Angelo Medina Mercado (“Medina”), to provide services, such as producing and booking performances. Medina contracted with Anthony Santos, a musical performer, and I Love Amiguita, Inc., his production company, to act as his booking agent. Santos alleges that Medina failed to remit fees arising out of this role. As a result, Plaintiffs sued Defendants for a breach of contract to recover nearly $500,000 in fees. In response, Medina filed a counterclaim against Santos to recover almost $1.2 million for a breach of contract claim relating to a purported separate oral agreement between the parties. Before the Court is Santos’ motion to dismiss the counterclaim pursuant to Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim. Because the Court finds that the alleged oral agreement is unenforceable under the applicable statute of frauds, Plaintiffs’ motion to dismiss is GRANTED. I. BACKGROUND A. The First Agreement Until 2014, Santos was a musical performer and part of a bachata1 group called Aventura. Medina is the vice president of Publimagen, a company that manages musical performers, and promotes and coordinates large events, such as two Miss Universe pageants and a National Basketball Association (NBA) exhibition game. Defendants’ Memorandum in Support of Motion to Dismiss (“Medina’s Motion to Dismiss”) 3, Doc. 24. Publimagen is organized and exists under the laws of Puerto Rico, and is based in San Juan. Answer 11, Doc. 39. Santos and Medina first met in 2010 after an Aventura concert in San Juan, Puerto Rico. Answer 17. Santos was interested in Publimagen’s services because he was transitioning his career to that of a solo artist. Defendants’ Memorandum in Reply to Plaintiffs’ Opposition to Motion to Dismiss (“Medina’s Opposition Reply”)
5a, 6, Doc. 29. Santos contracted with Medina and Publimagen to serve as his booking agent in 2010. Medina’s Motion to Dismiss 17. Medina claims that the agreement was formed verbally, which Santos does not dispute. Defendants’ Memorandum in Opposition to Plaintiffs’ Motion to Dismiss (“Medina’s Opposition”) 28, Doc. 50; Decl. of Jordan Siev (“Siev Decl.”) Ex. B, Doc. 47. The parties concede that the contract is valid and enforceable under New York law. Opinion and Order on Defendants’ Motion to Dismiss (“Motion to Dismiss Order”), 15, Doc. 34. After he was retained, Medina was responsible for booking Santos’ concerts at various venues in the spring and summer of 2015 around the United States and Canada. Answer
