Billups v. Credit Bureau of Greater Shreveport et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 30 Report and Recommendations, Order, 17 Motion to Dismiss/Lack of Jurisdiction, filed by Retail Merchants Association, Inc. d/b/a Credit Bureau of Louisiana f/k/a Credit Bureau of Greater Shrevepo rt, Credit Bureau of Greater Shreveport, 18 Motion to Dismiss/Lack of Jurisdiction, filed by Credit Bureau of the South. (Dkt. 17) and (Dkt. 18) are GRANTED in part, this case shall be transferred to the Western District of Louisiana. Signed by Judge Richard A. Schell on 9/30/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ROBB BILLUPS
Plaintiff,
VS.
CREDIT BUREAU OF GREATER
SHREVEPORT and CREDIT
BUREAU OF THE SOUTH
Defendants.

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Case No. 4:12cv624

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On July 2, 2013, the report of the Magistrate Judge was entered containing proposed findings
of fact and recommendations that Retail Merchants Association, Inc. d/b/a Credit Bureau of
Louisiana f/k/a Credit Bureau of Greater Shreveport’s Renewed Motion to Dismiss for Failure to
State a Cause of Action Pursuant to Rule 12(b)(6) and for Lack of Subject Matter Jurisdiction Per
Rule 12(b)(1) and Motion to Dismiss or Transfer Action Based on Improper Venue Pursuant to Rule
12(b)(3), 28 U.S.C. §1406 or 28 U.S.C.§ 1404 (Dkt. 17) and Credit Bureau of the South, Inc.’s
Renewed Motion to Dismiss for Failure to State a Cause of Action Pursuant to Rule 12(b)(6) and
for Lack of Subject Matter Jurisdiction Per Rule 12(b)(1) and Motion to Dismiss or Transfer Action
Based on Improper Venue Pursuant to Rule 12(b)(3), 28 U.S.C.§ 1406 or 28 U.S.C. §1404 (Dkt. 18)
be GRANTED in part and that this case be transferred to the Western District of Louisiana for the
convenience of the parties and witnesses.

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The court has made a de novo review of the objections raised by Plaintiff as well as
Defendants’ response and is of the opinion that the findings and conclusions of the Magistrate Judge
are correct, and the objections are without merit as to the ultimate findings of the Magistrate Judge.
The court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
conclusions of this court.
Therefore, Retail Merchants Association, Inc. d/b/a Credit Bureau of Louisiana f/k/a Credit
Bureau of Greater Shreveport’s Renewed Motion to Dismiss for Failure to State a Cause of Action
Pursuant to Rule 12(b)(6) and for Lack of Subject Matter Jurisdiction Per Rule 12(b)(1) and Motion
to Dismiss or Transfer Action Based on Improper Venue Pursuant to Rule 12(b)(3), 28 U.S.C. §1406
or 28 U.S.C. §1404 (Dkt. 17) and Credit Bureau of the South, Inc.’s Renewed Motion to Dismiss for
Failure to State a Cause of Action Pursuant to Rule 12(b)(6) and for Lack of Subject Matter
Jurisdiction Per Rule 12(b)(1) and Motion to Dismiss or Transfer Action Based on Improper Venue
Pursuant to Rule 12(b)(3), 28 U.S.C. §1406 or 28 U.S.C.§ 1404 (Dkt. 18) are GRANTED in part, and
this case shall be transferred to the Western District of Louisiana.
IT IS SO ORDERED.
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SIGNED this the 30th day of September, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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