Sunil Gupta, M.D., LLC v. Lauten

Filing 44

ORDER ADOPTING 40 REPORT AND RECOMMENDATIONS, granting 34 Motion to Dismiss. The 35 Second and/or Renewed Motion to Abstain is denied as moot and this action is dismissed without prejudice, subject to the Plaintiff's ability to move to reinstate this action within a reasonable amount of time if it can demonstrate that it is unable to reassert its claims in the selected forum. Signed by Chief Judge Kristi K. DuBose on 2/5/18. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SUNIL GUPTA, M.D., LLC
d/b/a Retina Specialty Institute,
Plaintiff,
v.
WRIGHT B. LAUTEN,
Defendant.

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CIVIL ACTION NO. 17-00136-KD-N

ORDER
After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the Report and
Recommendations (Docs. 40, 41) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated January
12, 2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the motion to dismiss for forum non conveniens (Doc.
34) filed by Defendant Wright B. Lauten is GRANTED, that Lauten’s “Second and/or Renewed
Motion to Abstain” (Doc. 35) is DENIED as moot, and that this action is DISMISSED without
prejudice, subject to the Plaintiff’s ability to move to reinstate this action within a reasonable
amount of time if it can demonstrate that it is unable to reassert its claims in the selected forum.
Final judgment in accordance with this order and Federal Rule of Civil Procedure 58
shall be entered by separate document.
DONE and ORDERED this the 5th day of February 2018.

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