Tinnus Enterprises, LLC v. Wal-Mart Stores Inc

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting-in-part 28 Motion to Dismiss, filed by Kohl's Department Stores Inc, The Kroger Company, Toys "R" Us-Delaware, Inc., Wal-Mart Stores Inc, Bed Bath & Beyond Inc, Walgreens Boots Alliance, Inc., Sears Holding Corporation, Fry's Electronics. Because ZURU has been joined as a plaintiff in this action, dismissal of the claims is not warranted. Signed by Judge Robert W. Schroeder, III on 7/20/16. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
TINNUS ENTERPRISES, LLC,

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Plaintiff,
v.
WAL-MART STORES INC., et al.,
Defendants.

No. 6:16-cv-0034 RWS-JDL
JURY DEMANDED

ORDER ADOPTING SEALED REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
On June 16, 2016, United States Magistrate Judge John D. Love issued a Report and
Recommendation, recommending that Defendants’ Motion to Dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(7) be GRANTED-IN-PART (Doc. No. 28). (Doc. No. 71.)
Specifically, the Magistrate Judge recommended that ZURU Ltd. (“ZURU”) be joined as a
plaintiff in this action as a necessary party pursuant to Federal Rule of Civil Procedure 19(a).
(Doc. No. 71, at 5.) The Magistrate Judge further found that with the proper joinder of ZURU in
this case, dismissal of the claims is not warranted. (Doc. No. 71, at 6.) At a hearing on June 17,
2016, the Magistrate Judge ordered ZURU to be joined as an involuntary plaintiff in this action.
(Doc. No. 74.) No objections to the Report and Recommendation were filed during the
prescribed objection period.
The Court, having reviewed the Magistrate Judge’s findings and conclusions, is of the
opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the
Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
conclusions of the Court. It is accordingly ORDERED that Defendants’ Motion (Doc. No. 28)
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is GRANTED-IN-PART. Because ZURU has now been joined to this action, dismissal of the
claims is not warranted.
SIGNED this 20th day of July, 2016.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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