Oxysure Therapeutics, Inc. v. Gemini Master Fund, Ltd. et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS of UNITED STATES MAGISTRATE JUDGE 5 Motion to Change Venue. It is further ORDERED that Plaintiffs claims for breach of duty of good faith, declaratory relief, and reformation of the Purchase Agreement be tr ansferred to the Southern District of New York and consolidated with the suit pending in that jurisdiction (1:15-CV-9546).It is further ORDERED that Plaintiffs claim for equitable rescission of the Purchase Agreement pursuant to which the Warrants and Notes are issued remains before this Court. Signed by Judge Amos L. Mazzant, III on 7/28/2016. (pad, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

OXYSURE THERAPEUTICS, INC., A/K/A
OXYSURE SYSTEMS, INC.

v.
GEMINI MASTER FUND, LTD., ET AL.

§
§
§ Civil Action No. 4:15-CV-821
§ (Judge Mazzant/Judge Nowak)
§
§

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On July 8, 2016, the report of the Magistrate Judge (Dkt. #16) was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Transfer Venue Pursuant to
28 U.S.C. § 1404(a), or alternatively, to Dismiss the Complaint Pursuant to FRCP 12(b)(3)
(Dkt. #5) be granted in part and denied in part.
Having received the report of the United States Magistrate Judge, and no objections
thereto having been timely filed, the Court is of the opinion that the findings and conclusions of
the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.
It is, therefore, ORDERED that Defendants’ Motion to Transfer Venue Pursuant to 28
U.S.C. § 1404(a), or alternatively, to Dismiss the Complaint Pursuant to FRCP 12(b)(3)
(Dkt. #5) is GRANTED IN PART AND DENIED IN PART.
It is further ORDERED that Plaintiff’s claims for breach of duty of good faith,
declaratory relief, and reformation of the Purchase Agreement be transferred to the Southern

District of New York and consolidated with the suit pending in that jurisdiction (1:15-CV. 9546).1

It is further ORDERED that Plaintiff’s claim for equitable rescission of the Purchase
Agreement pursuant to which the Warrants and Notes are issued remains before this Court.
IT IS SO ORDERED.
SIGNED this 28th day of July, 2016.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

1

Notes, Warrants, Purchase Agreement and/or Agreement refer to those terms as defined in the Magistrate Judge’s
report and recommendation (Dkt. #16 at 2).
2