Fisher-Price, Inc. et al v. Dynacraft BSC, Inc.
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.,)
DYNACRAFT BSC, INC.
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
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