Butts v. Dress Barn, Inc

Filing 17

ORDERED that (1) the 16 Recommendation of the Magistrate Judge is adopted; (2) Defendant's motion to dismiss is denied as further set out; (3) this case is transferred to the United States District Court Western District of Louisiana-Shreveport division; and (4) The clerk of the court is directed to take all necessary steps to effect the transfer. Signed by Honorable Myron H. Thompson on 12/17/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CYNTHIA L. BUTTS, Plaintiff, v. DRESS BARN, INC., Defendant. ) ) ) ) ) ) ) ) )

CASE NO. 2:09-cv-836-MHT [wo]

ORDER On November 20, 2009, the magistrate judge issued a report and recommendation (Doc. 16) to which no timely objections were made. Upon an independent and de novo review of the record and upon consideration of the recommendation of the magistrate judge, it is the ORDER, JUDGMENT and DECREE that: (1) (2) The recommendation of the magistrate judge (Doc. 16) is adopted; Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(3) (Doc. 8) is denied; (3) This case is transferred to the United States District Court Western District of Louisiana - Shreveport division; and (4) The clerk of the court is DIRECTED to take all necessary steps to effect the transfer. DONE, this the 17th day of December, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE