Dollar Phone Access, Inc. v. AT&T Inc.

Filing 44

ORDER ADOPTING 43 REPORT AND RECOMMENDATION. For the reasons stated herein, Magistrate Judge Bloom's Report and Recommendation dated December 22, 2014, is adopted in its entirety. Defendants' motion to transfer this action to the No rthern District of Texas is granted. It is further ordered that Defendants' motion to dismiss for lack of personal jurisdiction is denied as moot, and Plaintiff's request for jurisdictional discovery is denied. AT&T Inc. and AT&T Services, Inc.'s motion to dismiss for failure to state a claim is denied without prejudice. Defendants may renew their motion in the transferee court. Ordered by Judge Sandra L. Townes on 1/29/2015. (Barrett, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DOLLAR PHONE ACCESS, INC.,
a New York Corporation,
Plaintiff,

CLERKS OFFICE
U S DSTCT COURT E.D.N.(

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FEB022015

BROOKLYN OFFICE
ORDER ADOPTING REPORT
AND RECOMMENDATION

-against14-CV-3240 (SLT)(LB)
AT&T INC., a Delaware Corp., et al.,
Defendants.
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TOWNES, United States District Judge:
In a Report and Recommendation dated December 22, 2014, Magistrate Judge Lois
Bloom recommended that this Court: (1) grant Defendants' motion to transfer this action to the
Northern District of Texas; (2) deny Defendants' motion to dismiss for lack of personal
jurisdiction as moot; (3) deny Plaintiff's request for jurisdictional discovery; and (4) deny
without prejudice AT&T Inc. and AT&T Services, Inc.'s motion to dismiss for failure to state a
claim. (See ECF No. 43.) Judge Bloom's Report and Recommendation advised the parties that
any objections to the Report and Recommendation had to be filed within fourteen days from
service thereof. To date, neither Plaintiff nor Defendants have filed any objections.
A district court need not review the factual or legal conclusions of the magistrate judge as
to those portions of a report and recommendation to which no objections are addressed. See
Thomas v. Am, 474 U.S. 140, 150, 106 S. Ct. 466, 472, 88 L. Ed. 2d 435 (1985). Accordingly,
this Court adopts Judge Bloom's report and recommendation as the opinion of this Court
pursuant to 28 U.S.C. § 636(b)(1).

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For the reasons stated above, Magistrate Judge Bloom's Report and Recommendation
dated December 22, 2014, is adopted in its entirety. Defendants' motion to transfer this action to
the Northern District of Texas is granted. It is further ordered that Defendants' motion to
dismiss for lack of personal jurisdiction is denied as moot, and Plaintiff's request for
jurisdictional discovery is denied. AT&T Inc. and AT&T Services, Inc.'s motion to dismiss for
failure to state a claim is denied without prejudice. Defendants may renew their motion in the
transferee court.
SO ORDERED.
/s/ Sandra L. Townes
SANDRA L. TOWNES
United States District Judge

Dated44
irook-l`yn, New Yçk

1 / CA o /

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