Dermamed Technologies Corp. v. Passmore Labs et al

Filing 32

ORDER ADOPTING 31 REPORT AND RECOMMENDATION, DENYING defendants' 8 MOTION to Dismiss; GRANTING plaintiff's 30 MOTION to Stay; STAYING case until a ruling on plaintiff's motion to dismiss is issued by the U. S. District Court for the Southern District of California in Greg Passmore, et al. v. Chris Johnson, et al., case number 3:10-cv-02056-JAH-BGS; and directing the parties to file a monthly status report of the motion to dismiss, with first joint status report to be filed no later than 6/9/2011. Signed by Judge Callie V. S. Granade on 5/9/2011. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DERMAMED TECHNOLOGIES
CORP.,

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Plaintiff,
vs.
PASSMORE LABS, et al.,
Defendants.

CIVIL ACTION NO. 10-00483-CG-B

ORDER
After due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. '636(b)(1)(B) is
ADOPTED as the opinion of this court.
It is ORDERED that the Defendants’ Motion to Dismiss or, in the
Alternative, Stay, Based on the Colorado River Doctrine, and for Lack of Personal
Jurisdiction and Forum Non Conveniens (Doc. 8) is DENIED; that Plaintiff’s
Motion to Stay (Doc. 30) is hereby GRANTED; and that this case is STAYED until
a ruling is issued on the Plaintiff’s Motion to Dismiss pending before the U. S.
District Court for the Southern District of California in Greg Passmore, et al., v.
Chris Johnson, et al., case number 3:10-cv-02056-JAH-BGS.
The parties are ORDERED to file joint monthly status reports, which
apprise the court of the status of the motion to dismiss, with the first joint report to

be filed no later than June 9, 2011.
DONE and ORDERED this 9th day of May, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE