Texas Pellets, Inc. et al v. German Pellets GmbH et al

Filing 124

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 113 Report and Recommendations, 79 Motion to Dismiss, filed by Anne Leibold, Michael Leibold, Peter Leibold, 78 Motion to Dismiss, filed by Anne Leibold, Michael Leibold. Signed by District Judge Rodney Gilstrap on 9/29/2020. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LIQUIDATING TRUST OF TEXAS
PELLETS, INC. AND GERMAN
PELLETS TEXAS, LLC,

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Plaintiff,
OFFICIAL UNSECURED CREDITORS
COMMITTEE OF TEXAS PELLETS,
INC. AND GERMAN PELLETS, LLC,
Intervenor,
v.
IPBG PELLETS BETEILIGUNGS
GMBH, PETER LEIBOLD, ANNE
LEIBOLD, and MICHAEL LEIBOLD,
Defendant.

Case No. 2:18-cv-00178-JRG-RSP

ORDER
Defendants Anne Kathrin Leibold and Michael Leibold filed a Motion to Dismiss for Lack
of Personal Jurisdiction (Dkt. No. 78) and a Motion to Dismiss on Grounds of Forum Non
Conveniens (Dkt. No. 79.) Magistrate Judge Payne entered a Report and Recommendation (Dkt.
No. 113), denying Defendants’ Motions to Dismiss. Defendants have now filed Objections (Dkt.
No. 122) to the Report and Recommendation.
After conducting a de novo review of the briefing on the Motions to Dismiss, the Report
and Recommendation, and the briefing on Defendants’ Objections, the Court agrees with the
reasoning provided within the Report and Recommendation and concludes that the Objections fail
to show that the Report and Recommendation was erroneous.

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Accordingly, the Court OVERRULES Defendant’s Objections, ADOPTS the Report and
Recommendation, and DENIES the Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. No.
78) and the Motion to Dismiss on Grounds of Forum Non Conveniens (Dkt. No. 79.)
So ORDERED and SIGNED this 29th day of September, 2020.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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