Pen-One Acquisition Group, LLC v. Samsung Elecronics Co., Ltd. et al

Filing 32

ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS with the following addition/revision as the opinion of this Court: the word "alleged" is addes as requested (i.e., "acts of alleged infringement," doc. 30 at 3). The Joint MOTION to Transfer to the Northern District of California is granted and this action is TRANSFERRED IN ITS ENTIRETY to the Northern District of California, in accordance with 28 U.S.C. §§ 1404(a) and 1406(a), which MOOTS SEAs motion to dismiss for improper venue (Doc. 17). Signed by Chief Judge Kristi K. DuBose on 10/30/17. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PEN-ONE ACQUISITION GROUP, LLC,
Plaintiff,

)
)
)
v.
)
)
SAMSUNG ELECTRONICS CO. LTD., et al,)
Defendants.
)

CIVIL ACTION 17-00180-KD-MU

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 Report and Recommendation
to which objection is made (Doc. 31), the Report and Recommendation of the Magistrate Judge
(Doc. 30) made pursuant to 28 U.S.C. § 636(b) and S.D. Ala. Gen. LR 72(b), and dated October
4, 2017, is ADOPTED with the following addition/revision as the opinion of this Court: the
word “alleged” is added as requested (i.e., “acts of alleged infringement,” Doc. 30 at 3)).
Accordingly, it is ORDERED that the parties’ joint motion to transfer venue (Doc. 29) is
GRANTED and this action is TRANSFERRED IN ITS ENTIRETY to the Northern District
of California per 28 U.S.C. §§ 1404(a) and 1406(a), rendering Defendant Samsung Electronics
America, Inc.’s motion to dismiss (Doc. 17) MOOT.
The Clerk is DIRECTED to transfer this case to the Northern District of California.
DONE and ORDERED this the 30th day of October 2017.
/s/ Kristi K. DuBose
KRISTI K. DUBOSE
CHIEF UNITED STATES DISTRICT JUDGE

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