PHILPOT v. 420 MAGAZINE, INC.

Filing 26

ORDER adopting Report and Recommendations - The court, having read and reviewed the same, hereby ADOPTS the Magistrate Judge's 22 report and recommendation. Accordingly, Defendant's 9 Motion to Dismiss is GRANTED without prejudice; Plai ntiff's 8 Motion for Entry of Default is DENIED; and Plaintiff's 16 First Motion for Rule 11 Sanctions is DENIED. Following the Magistrate Judge's Report and Recommendation, the Plaintiff filed a Motion to Transfer Venue to the Ce ntral District of California. Given the court's ruling on Defendant's Motion to Dismiss, Plaintiff's 24 Motion to Transfer is DENIED as MOOT. Plaintiff may refile his action against the Defendant in the Central District of California. Signed by Judge Richard L. Young on 5/6/2015. (cm) (NRN) Modified on 5/6/2015 (NRN).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

LARRY G. PHILPOT,

)
)
Plaintiff,
)
)
vs.
)
)
420 MAGAZINE, INC.,
)
)
)
Defendant.
______________________________________ )

No. 1:14-cv-01790-RLY-MJD

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION and DENYING PLAINTIFF’S MOTION TO TRANSFER
The pro se plaintiff, Larry G. Philpot, filed a Complaint for copyright infringement
against the defendant, 420 Magazine, Inc. Plaintiff filed a Motion for Clerk’s Entry of
Default, Defendant filed a Motion to Dismiss for Lack of Jurisdiction and, after the
Motion to Dismiss was fully briefed, Plaintiff filed a Motion for Rule 11 Sanctions
against Defendant and its counsel. These motions were referred to the Magistrate Judge
who recommended that the court grant Defendant’s Motion to Dismiss; deny Plaintiff’s
Motion for Entry of Default; and deny Plaintiff’s First Motion for Rule 11 Sanctions.
The court, having read and reviewed the same, hereby ADOPTS the Magistrate Judge’s
report and recommendation (Filing No. 22). Accordingly, Defendant’s Motion to
Dismiss is GRANTED without prejudice (Filing No. 9); Plaintiff’s Motion for Entry of
Default is DENIED (Filing No. 8); and Plaintiff’s First Motion for Rule 11 Sanctions is
DENIED (Filing No. 16).
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Following the Magistrate Judge’s Report and Recommendation, the Plaintiff filed
a Motion to Transfer Venue to the Central District of California. Given the court’s ruling
on Defendant’s Motion to Dismiss, Plaintiff’s Motion to Transfer (Filing No. 24) is
DENIED as MOOT. Plaintiff may refile his action against the Defendant in the Central
District of California.

SO ORDERED this 6th day of May 2015.

_________________________________
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

Copy mailed to:
Larry G. Philpot
8125 Halyard Way, 1st Floor
Indianapolis, IN 46236

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