Food Marketing Consultants, Inc. v. Sesame Workshop

Filing 16

ORDER transferring action to the Southern District of New York; granting in part and denying in part 10 Motion to Dismiss; adopting Report and Recommendations re 15 Report and Recommendations.. Signed by Judge William J. Zloch on 4/19/2010. (tb)[Transferred from Florida Southern on 4/20/2010.]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-61776-CIV-ZLOCH FOOD MARKETING CONSULTANTS, INC., d/b/a COLOR ALL ABOUT IT, Plaintiff, vs. SESAME WORKSHOP, Defendant. / THIS MATTER is before the Court upon the Report and ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

Recommendation (DE 15) filed herein by United States Magistrate Judge Robin S. Rosenbaum and upon Defendant Sesame Workshop's Motion To Dismiss, Or, In The Alternative, Motion To Transfer Venue (DE 10). No objections to said Report have been filed. The Court

has conducted a de novo review of the entire record herein and is otherwise fully advised in the premises. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation (DE 15) filed herein by United States Magistrate Judge Robin S. Rosenbaum be and the same is hereby approved, adopted and ratified by the Court; 2. Defendant Sesame Workshop's Motion To Dismiss, Or, In The

Alternative, Motion To Transfer Venue (DE 10) be and the same is hereby GRANTED in part and DENIED in part; 3. Defendant Sesame Workshop's Motion To Dismiss (DE 10) be

and the same is hereby DENIED;

4. Defendant's Sesame Workshop's Motion To Transfer Venue (DE 10) be and the same is hereby GRANTED; and 5. The Clerk of the Court for the United States District Court for the Southern District of Florida be and the same is hereby DIRECTED to take all necessary steps and procedures to effect the expeditious transfer of the above-styled cause to the United States District Court for the Southern District of New York for further proceedings. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 19th day of April, 2010.

WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel of Record

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