Christina K. Smith, LLC v. VML, Inc. et al

Filing 43

ORDER approving and adopting 37 Report and Recommendations; approving and adopting 38 Report and Recommendations; granting 20 Motion to Change Venue; denying 21 Motion to Dismiss. This action shall be TRANSFERRED to the United States District Court for the Western District of Missouri. By Judge Robert E. Blackburn on 2/11/2013. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02679-REB-CBS
CHRISTINA K. SMITH, LLC, d/b/a METROPOLIS ENTERPRISE STRATEGIES, a
Colorado limited liability company,
Plaintiff,
v.
VML, INC., a Missouri corporation, and
WUNDERMAN CHICAGO, d/b/a WUNDERMAN3 or WUNDERMAN or WUNDERMAN
WORLDWIDE, LLC, or WPP, a Nevada corporation operating in the state of Illinois,
Defendants.

ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before are (1) the Recommendation of United States Magistrate
Judge [#37],1 filed January 4, 2013; and (2) the Recommendation of United States
Magistrate Judge [#38], filed January 4, 2013. No objections having been filed to the
recommendations within the time permitted by the Federal Rules of Civil Procedure, I
review them only for plain error. See Morales-Fernandez v. Immigration &
Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in
the magistrate judge’s recommended dispositions of the extant motions, I find and
conclude that the recommendations should be approved and adopted.

1

“[#37]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#37], filed
January 4, 2013, is APPROVED AND ADOPTED as orders of this court;
2. That the Recommendation of United States Magistrate Judge [#38], filed
January 4, 2013, is APPROVED AND ADOPTED as orders of this court;
3. That Defendants’ Motion for Change of Venue [#20], filed November 14,
2012, is GRANTED;
4. That Defendants’ Motion To Dismiss the Complaint [#21], filed November
14, 2012, is DENIED;
5. That the Trial Preparation Conference set Friday, January 24, 2014, at 3:30
p.m., and the trial set to commence on Monday, February 3, 2014, are VACATED; and
6. That this action shall be TRANSFERRED to the United States District Court
for the Western District of Missouri (Charles Evans Whitaker Courthouse, 400 East 9th
Street, Kansas City, MO 64106) for all further proceedings.
Dated February 11, 2013, at Denver, Colorado.
BY THE COURT:

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