DIRECTV, LLC v. SPINA et al

Filing 43

ORDER ADOPTING #42 REPORT AND RECOMMENDATION. The Magistrate Judge submitted his Report and Recommendation on two pending motions to dismiss. Defendants Victor and William Spinas' motion to dismiss [Filing Nos. 15, 35] be granted in part and denied in part, such that DirecTV's conversion claim should be dismissed and the interception claim should proceed forward. As to DirecTV's motion to dismiss MCI's counterclaims [Filing No. 22] the Magistrate Judge recommended that the motion should be granted. MCI's tortious interference with business relationship and abuse of process claims should be dismissed with prejudice. MCI's breach of contract claim should be dismissed without prejudice. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Jane Magnus-Stinson on 8/27/2015. (BGT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

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Plaintiff,
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v.
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VICTOR A SPINA also known as VICTOR A )
SPINA, JR.; individually, and as officer,
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director, shareholder, principal, manager,
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and/or member of Martinsville Corral, Inc.,
MARTINSVILLE CORRAL, INC. also known )
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as SHELBYVILLE TEXAS CORRAL; doing
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business as TEXAS CORRAL,
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WILLIAM SPINA also known as WILLIAM
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ANTHONY SPINA, JR.,
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Defendants.
______________________________________ )
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MARTINSVILLE CORRAL, INC.,
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Counter Claimant,
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v.
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DIRECTV, LLC a California limited liability
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company,
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Counter Defendants.
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DIRECTV, LLC a California limited liability
company,

No. 1:15-cv-00104-JMS-TAB

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation on
Defendants Victor and William Spinas’ motion to
dismiss [Filing Nos. 15, 35] be granted in part and denied in part

DirecTV’s conversion

claim should be dismissed and the interception claim should proceed forward.
DirecTV’s motion to dismiss MCI’s counterclaims [Filing No. 22]
should be granted. MCI’s tortious

relationship and abuse of process claims should be dismissed with prejudice. MCI’s breach of
contract claim should be dismissed without prejudice. The parties were afforded due opportunity

pursuant to statute and the rules of this Court to file objections; none were filed. The Court,
having considered the Magistrate Judge’s Report and Recommendation, hereby adopts the
Magistrate Judge’s Report and Recommendation

August 27, 2015
Date: _____________

Distribution:
Julie Cohen Lonstein
LONSTEIN LAW OFFICE
[e-mail]
Paul B. Overhauser
OVERHAUSER LAW OFFICES, LLC
[e-mail]