Wiginton et al v. Pierce et al

Filing 17

ORDER ACCEPTING 16 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated 6/15/2015 are hereby ADOPTED . Defendants' motion to dismiss (Doc. 11 ) is DENIED without prejudice and Plaintiffs' motion for an extension of time (Doc. 14 ) is GRANTED. It is further ORDERED that Plaintiffs shall file an amended complaint not later than 30 days after the date of this Order. (Ordered by Judge Jane J Boyle on 7/7/2015) (bdb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KELCY WIGINTON and
GEORGE STANFORD PIERCE, JR.,
Plaintiffs,
v.
GEORGE STANFORD PIERCE, ET AL.,
Defendants.

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No. 3:15-CV-828-B (BF)

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court are the Magistrate Judge’s Findings, Conclusions, and Recommendation
(“FC&R”) in this trademark infringement case. The FC&R recommends denying without prejudice
Defendants’ motion to dismiss and granting Plaintiffs’ motion for an extension of time. After
conducting a de novo review pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b) of the pleadings, files, and records in this case, as well as the FC&R, the Court is of the opinion
that the FC&R are correct and they are accepted as the findings and conclusions of the Court.
It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge dated June 15, 2015 are hereby ADOPTED. Defendants’ motion
to dismiss (Doc. 11) is DENIED without prejudice and Plaintiffs’ motion for an extension of time
(Doc. 14) is GRANTED.
It is further ORDERED that Plaintiffs shall file an amended complaint not later than 30 days
after the date of this Order. If the amended complaint fails to establish a basis for the court to
exercise personal jurisdiction, or that venue is proper in the Northern District, or the complaint fails

to state a claim upon which relief can be granted, Defendants may file another Rule 12 motion.
SO ORDERED.
Dated: July 7th, 2015.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE