Fisher-Price, Inc. et al v. Dynacraft BSC, Inc.

Filing 14

REPORT AND RECOMMENDATION recommending GRANTING-IN-PART AND DENYING-IN-PART D.I. 9 MOTION to Dismiss for Improper Venue filed by Dynacraft BSC, Inc. Signed by Judge Christopher J. Burke on 6/20/2017. (mlc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FISHER-PRICE, INC. and MATTEL, INC.,)
)
Plaintiffs,
)
v.
)
)
DYNACRAFT BSC, INC.
)
)
Defendant.
)

Civil Action No. 17-51-LPS-CJB

,..:__.

REPORT AND RECOMMENDATION
The Court, having reviewed and considered Defendant Dynacraft BSC, Inc. 's
("Defendant") Motion to Dismiss for Improper Venue, (D .I~ 9), in which Defendant requests that
the Court "dismiss this action in its entirety for improper venue pursuant to Federal Rule of Civil
Procedure 12(b)(3) or, in the alternative,[] transfer the case to the United States District Court for
the Northern District of California [the 'Northern District of California'] pursuant to 28 U.S.C. §
1406(a)[,]" (id), and Plaintiffs Fisher-Price, Inc. and Mattel, Inc.'s Response, in which they note
that they "do not oppose the transfer of this case to the []Northern District of California[,]" (D.I.
12 at 1; see also D.I. 13), recommends that Defendant's Motion be GRANTED-IN-PART and
DENIED-IN-PART and that the instant case be transferred to the Northern District of California.
This Report and Recommendation is filed pursuant to 28 U.S.C. § 636(b)(l)(B), Fed. R.
Civ. P. 72(b)(l), and D. Del. LR 72.1. The parties have waived their right to object to this Report
and Recommendation. (D.I. 13)

Dated: June 20, 2017
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE