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15-954 - Barber v. Cellco Partnership(MAG+)


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15-954 - Barber v. Cellco Partnership(MAG+)
April 20, 2016
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge as follows: (1) The Dft's 10 Motion to Dismiss be DENIED as to the arguments under FRCP 12(b)(1) and FRCP 12(b)(3); (2) The case be transferred to the Northern District of Alabama - Northeastern Division pursuant to 28 USC § 1404(a); and (3) The motion under FRCP 12(b)(6) shall be held in abeyance pending transfer to the Northern District of Alabama - Northeastern Division; Objections to R&R due by 5/4/2016. Signed by Honorable Judge Terry F. Moorer on 4/20/2016. (wcl, )
May 23, 2016
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ORDERED that (1) The 15 Recommendation is ADOPTED; (2) Dft's 10 Motion to Dismiss is DENIED in part as to the arguments under FRCP 12(b)(1) and FRCP 12(b)(3); (3) Pursuant to 28 USC § 1404(a), this case is TRANSFERRED to the Northern District of Alabama, Northeastern Division; and (4) The remaining part of Dft's 10 Motion to Dismiss shall remain pending for adjudication in the Northern District of Alabama; Additionally, Plf's 16 Motion to Amend EEOC Complaint shall remain pending for adjudication by the Northern District of Alabama. Signed by Chief Judge William Keith Watkins on 5/23/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )