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Ormeno v. Relentless Consulting Inc.

N.Y. Borrowing Statute Renders Breach Claim Untimely Under CA Limitations Statute

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OPINION AND ORDER Defendants Juan Luis Morera Luna, professionally known as “Wisin” (“Wisin”) and W Entertainment, LLC (“W” and with Wisin, “Defendants”) move, pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint filed by Plaintiff Victor Ormeno, d/b/a KH Entertainment (“Ormeno” or “Plaintiff”) against them. Dkt. No. 8. Defendants argue that the action is time-barred under New York’s borrowing statute, N.Y.C.P.L.R. §202. For the following reasons, the motion to dismiss is granted. BACKGROUND The well-pleaded facts of the complaint are accepted as true for purposes of this motion. Plaintiff Victor Hugo Ormeno, d/b/a KH Entertainment is an entertainment company based in San Francisco, California focused on musical-artist tour promotion. Dkt. No. 1 (“Complaint” or “Compl.”) 15. Defendant Juan Luis Morena Luna, who performs under the name “Wisin” is a globally renowned reggaeton artist and a resident of Puerto Rico. Id.

6, 20. Defendant W is a business entity that provides Wisin’s services. Id. 8. Defendant Juan Toro d/b/a Relentless Agency is Wisin’s agent for concert-touring purposes. Id. 7. Toro is located in New York and is the principal shareholder of defendant Relentless Consulting, Inc. (“Relentless Consulting”), a New York corporation through which he does business and which he uses for money deposits and disbursements. Id.

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