Southwestern Bell Telephone Company et al v. Iverson et al

Filing 63

ORDER ACCEPTING 60 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, it is ORDERED that Defendant Phil Iverson's Motion to Dismiss AT&T's First Amended Complaint or, in the Alternative, Transfer to the Appropriate Jurisdiction or Compel Arbitration (ECF No. 37 ) and Defendant Feature Film For Families, Inc., All Things Family, Inc., Blue Skye L.C. and Vera L.C.'s Motion to Dismiss AT&T's First Amended Complaint (ECF No. 39 ) are DENIED to the extent that Defendants have relied on failure to adequately plead subject matter jurisdiction, the doctrine of primary jurisdiction, limitations, and failure to state a claim upon which relief can be granted. It is further ORDERED tha t Plaintiff is given leave to file an amended complaint within twenty days of this order in accordance with the Magistrate Judge's recommendation. Whether some of Plaintiffs' claims are subject to mandatory arbitration and forum selection agreements will be addressed by separate order to be entered in due course. (Ordered by Judge Reed C O'Connor on 2/29/2012) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

SOUTHWESTERN BELL
TELEPHONE COMPANY, et al.,
Plaintiffs,
v.
PHIL IVERSON, et al.,
Defendants.

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Civil Action No. 3:11-cv-2009-O

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions and a recommendation in
this case. No objections were filed. The District Court reviewed the proposed findings, conclusions
and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions
and Recommendation of the United States Magistrate Judge.
Accordingly, it is ORDERED that Defendant Phil Iverson’s Motion to Dismiss AT&T’s
First Amended Complaint or, in the Alternative, Transfer to the Appropriate Jurisdiction or Compel
Arbitration (ECF No. 37) and Defendant Feature Film For Families, Inc., All Things Family, Inc.,
Blue Skye L.C. and Vera L.C.’s Motion to Dismiss AT&T’s First Amended Complaint (ECF No.
39) are DENIED to the extent that Defendants have relied on failure to adequately plead subject
matter jurisdiction, the doctrine of primary jurisdiction, limitations, and failure to state a claim upon
which relief can be granted. It is further ORDERED that Plaintiff is given leave to file an amended
complaint within twenty days of this order in accordance with the Magistrate Judge’s

recommendation. Whether some of Plaintiffs’ claims are subject to mandatory arbitration and forum
selection agreements will be addressed by separate order to be entered in due course.
SO ORDERED on this 29th day of February, 2012.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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