Stay Frosty Enterprises LLC v. Amazon.com, Inc. et al

Filing 111

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 109 . Accordingly, the Court GRANTS Defendant Teespring's motions to sever and transfer and DENIES its motion to dismiss 94 . Plaintiff's claims against Defendant Teespring are severed from this action and transferred to the U.S. District Court for the Northern District of California. IT IS SO ORDERED. Signed on 8/5/2019 by Judge Marco A. Hernandez. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

STAY FROSTY ENTERPRISES, LLC,
Plaintiff,

No. 3:18-cv-00283-SB
ORDER

v.
AMAZON.COM, INC., et al.,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Beckerman issued a Findings and Recommendation [109] on June 6,
2019, in which she recommends that the Court grant Defendant Teespring’s Motion to Sever and
Motion to Transfer Venue [94]. The matter is now before the Court pursuant to 28 U.S.C. §
636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.

1 - ORDER

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman’s Findings and Recommendation
[109]. Accordingly, the Court GRANTS Defendant Teespring’s motions to sever and transfer
and DENIES its motion to dismiss [94]. Plaintiff’s claims against Defendant Teespring are
severed from this action and transferred to the U.S. District Court for the Northern District of
California.
IT IS SO ORDERED.

DATED this

__

day of ____________________, 2019

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER