The Great American Food Chain Inc. et al v. Andreottola et al

Filing 21

Order Accepting 20 Findings, Conclusions and Recommendation of the United States Magistrate Judge. Accordingly, the court grants Defendants American Franchise Capital I, LLC F/K/A American Franchise Capital, LLC and Apple Central LLC's Mot ion to Dismiss (Doc. 5 ) and dismisses without prejudice Plaintiff's claims against Defendants American Franchise Capital, LLC and Apple Central LLC pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. (Ordered by Judge Sam A Lindsay on 2/4/2015) (skt)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
THE GREAT AMERICAN FOOD
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CHAIN, INC. AND EDWARD SIGMOND, §
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Plaintiffs,
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v.
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ROBERT ANDREOTTOLA,
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AMERICAN FRANCHISE CAPITAL
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LLC, AND APPLE CENTRAL LLC,
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Defendants.
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Civil Action No. 3:14-CV-1727-L

ORDER
Before the court is Defendants American Franchise Capital I, LLC F/K/A American
Franchise Capital, LLC and Apple Central LLC’s Motion to Dismiss (Doc. 5), filed July 1, 2014.
The motion was referred to Magistrate Judge Renee Harris Toliver, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on January 15,
2015, recommending that the court grant the motion to dismiss and dismiss without prejudice the
claims against Defendants American Franchise Capital, LLC and Apple Central LLC pursuant to
Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. No objections to the
Report were received as of the date of this order.
Having reviewed the motion, response, pleadings, evidence, the record, and Report, the court
determines that the findings and conclusions are correct, and accepts them as those of the court.
Accordingly, the court grants Defendants American Franchise Capital I, LLC F/K/A American
Franchise Capital, LLC and Apple Central LLC’s Motion to Dismiss (Doc. 5) and dismisses without

Order – Page 1

prejudice Plaintiff’s claims against Defendants American Franchise Capital, LLC and Apple Central
LLC pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction.
It is so ordered this 4th day of February, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2