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)

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

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