Weber v. Pact XPP Technologies, AG et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 63 Report and Recommendations. Signed by Judge Rodney Gilstrap on 3/23/2015. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PETER WEBER
v.
PACT XPP TECHNOLOGIES, AG

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Case No. 2:13-CV-0995-JRG-RSP

ORDER ADOPTING FINDINGS AND RECOMMENDATION GRANTING
DEFENDANT’S MOTION TO DISMISS ON GROUNDS OF
FORUM NON CONVENIENS
Before the Court is Plaintiff’s Objections to the Magistrate Judge’s Findings and
Recommendations (“Plaintiff’s Objections”) (Dkt. No. 64). After reviewing Plaintiff’s
Objections, the Court finds the Magistrate Judge’s rulings neither “clearly erroneous [n]or
contrary to law.” 28 U.S.C. § 636(b)(1)(A); FED. R. CIV. P. 72(a). The Court specifically notes
that most of the arguments are based on facts not previously argued in the briefs and not pleaded
in the Complaint. Such matters beyond the scope of the pleadings are not a proper basis for
objections. Accordingly, Plaintiff’s objections are OVERRULED and the Magistrate Judge’s
Order Granting Defendant’s Motion to Dismiss on Grounds on Forum Non Conveniens (Dkt.
No. 63) is hereby ADOPTED. This action is hereby DISMISSED WITHOUT PREJUDICE
to refiling same in an appropriate court in Germany.
So Ordered and Signed on this

Mar 23, 2015