Cabot Golf CL-PP 1, LLC et al v. Cabot Golf CL-PP Acquisition, LLC et al

Filing 121

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS granting the part of 40 Motion to Dismiss/Lack of Jurisdiction filed by Old Saybrook Golf Capital, LLC, Old Saybrook Crystal Lake, LLC, Crystal Lake Golf Club, LLC, Steven A Hulce, dealing with the two dismissal rule; and granting 49 Motion to Dismiss filed by Nixon Peabody, LLP. Signed by Judge Michael H. Schneider on 7/25/13. (bas, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
CABOT GOLF CL-PP 1, LLC, ET AL.
Plaintiffs

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V.
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CABOT GOLF CL-PP ACQUISITION, §
LLC, ET AL.
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Defendants
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No. 5:12CV39

MEMORANDUM ORDER ADOPTING
REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate
Judge which contains her proposed findings of fact and recommendations for the disposition of such
action has been presented for consideration.

Plaintiffs filed objections to the Report and

Recommendation.
The Court conducted a de novo review of the Magistrate Judge’s findings and conclusions.
Plaintiffs’ objections are without merit. The Court is of the opinion that the findings and conclusions
of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United
States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is
ORDERED that Defendant Nixon Peabody LLP’s Motion to Dismiss Complaint for Failure
to State a Claim Upon Which Relief Can be Granted (Dkt. No. 49) is GRANTED. It is further
ORDERED that the part of Defendant Steven Hulce and the Old Saybrook Defendants’
Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue, Transfer of Venue and/or
Alternatively to Dismiss for Failure to State a Claim or for More Definite Statement (Dkt. No. 40)
dealing with the two dismissal rule is GRANTED. It is further

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ORDERED that Plaintiffs’ above-entitled and numbered cause of action is DISMISSED
WITH PREJUDICE.
It is SO ORDERED.
SIGNED this 25th day of July, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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