JTH Tax, Inc. v. Hines

Filing 31

ORDER adopting Report and Recommendations re 14 Motion to Change Venue; adopting Report and Recommendations re 15 Motion to Dismiss. The court, having examined the objections to the Reports and Recommendations and having made de novo findi ngs with respect thereto, does hereby adopt and approve in full the findings and recommendations set forth in the Reports and Recommendations of the United States Magistrate Judge (ECF No. 28 and ECF No. 29) filed July 26, 2016. Accordingly, defendant's Motion for Change of Venue is DENIED and defendant's Motion to Dismiss is DENIED. It is so ORDERED. Signed by Chief District Judge Rebecca Beach Smith and filed on 9/1/16. Copies distributed to all parties 9/1/16. (ldab, )

united

states district court

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

JTH TAX,

INC.

d/b/a LIBERTY TAX SERVICE,
Plaintiff,
V.

Case No.

2:15cv558

CHARLES HINES,
Defendant.

ORDER

This matter comes before the court on defendant's Motion for

Change of Venue (ECF No. 14) and defendant's Motion to Dismiss (EOF

No. 15), both Motions filed on March 15, 2016.

These matters were

referred to a United States Magistrate Judge by Order of May 12, 2016
(ECF No. 26) , pursuant to the provisions of 28 U.S.C. § 636 (b) (1) (B)

and(C)and Federal Rule of Civil Procedure 72 (b) , to conduct hearings,
including evidentiary hearings, if necessary, and to submit to the
undersigned proposed findings of fact,

if applicable, and recom

mendations for the disposition of the matters.

The United States Magistrate Judge's Reports and Recommen

dations regarding defendant's Motion for Change of Venue (ECF No. 28)

and defendant's Motion to Dismiss (ECF No. 29) were both filed on July
26,

2016.

The magistrate judge recommended denying defendant's

Motion for Change of Venue, and recommended denying defendant's
Motion to Dismiss.

By copy of the reports and recommendations of the magistrate

judge,

the parties were advised of their right to file written

objections

thereto.

On

August

11,

2016,

the

court

received

defendant' s Objections (ECFNo. 30), to which plaintiff did not reply.
The court, having examined the objections to the Reports and

Recommendations and having made ^

novo findings with respect

thereto, does hereby adopt and approve in full the findings and
recommendations set forth in the Reports and Recommendations of the

United States Magistrate Judge (ECF No. 28 and ECF No. 29) filed July
26, 2016.

Accordingly, defendant's Motion for Change of Venue is

DENIED and defendant's Motion to Dismiss is DENIED,

The Clerk shall forward a copy of this Order to all parties of
record.

I t is so ORDERED,

Isl

Rebecca Beach Smith
Chief Judge
REBECCA BEACH SMITH

CHIEF UNITED STATES DISTRICT JUDGE

September \ , 2016