David's Auto Shredding, Inc. v. The Shredder Company, LLC et al

Filing 55

Order re: 28 Report and Recommendation and 51 Objection. The Report and Recommendation is adopted. The motions to dismiss filed by defendants the Shredder Company, LLC and Alfred Scott Newell II are denied, their alternative motions to transfer are granted and this action is transferred to the U. S. District Court for the Western District of Texas, El Paso Division. Signed by Judge Kristi K. DuBose on 10/14/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID=S AUTO SHREDDING , INC.,
Plaintiff,
v.
THE SHREDDER COMPANY, LLC and
ALFRED SCOTT NEWELL II,
Defendants.

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Civil Action No. 08-0410-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues
raised, and a de novo determination of those portions of the recommendation to which objection is
made, the recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(l)(B) and dated
March 24, 2009, is ADOPTED as the opinion of this Court.
Accordingly, the motions to dismiss filed by defendants The Shredder Company, LLC and
Alfred Scott Newell II are DENIED, their alternative motions to transfer are GRANTED, and this
action is TRANSFERRED to the United States District Court for the Western District of Texas, El
Paso Division.
DONE and ORDERED this 14th day of October, 2011.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE