Koloni Reklam, Sanayi, Ticaret LTD/STI v. Viacom, Inc. et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 31 Report and Recommendations; granting 19 Motion to Dismiss for Lack of Subject Jurisdiction. Signed by Judge Joseph F. Bataillon on 12/1/2017. (nmfn)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KOLONI REKLAM, SANAYI, TICARET LTD/STI, 1:16CV285 Plaintiff, ORDER vs. BELLATOR SPORT WORLDWIDE, LLC, Defendant. Before the court is the Findings and Recommendation of United States Magistrate Judge Sherry R. Fallon, Filing No. 31, recommending that this court dismiss the Amended Complaint with prejudice due to plaintiff’s failure to state a claim upon which relief can be granted and to make the requisite factual allegations as to alleged economic loss pursuant to Federal Rule of Civil Procedure 12(b)(6). No objection has been filed to the Findings and Recommendation. The court has conducted a de novo review of the record and adopts the Findings and Recommendation in its entirety. THEREFORE, IT IS HEREBY ORDERED that: (1) The report and recommendation, Filing No. 31, is adopted in its entirety; (2) Defendant’s motion to dismiss, Filing No. 19, is granted. 3) Counts I and II of the Amended Complaint are dismissed with prejudice for and failure to state a claim and for failure to make the requisite factual allegations as to alleged economic loss. 4) This case is dismissed, with prejudice. Dated this 1st day of December, 2017. BY THE COURT: s/ Joseph F. Bataillon Senior United States District Judge 2

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