Summary
stating that a motion to transfer venue under § 1404 "is not a Rule 12(b) motion and is not governed by the waiver provisions of 12(h)"
Summary of this case from United Statesa Life Ins. Co. v. CulverOpinion
Case No. 8:09-CV-1393-T-27EAJ.
November 3, 2009
ORDER
BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendant's Motion to Transfer Venue or in the Alternative to Stay Proceedings (Dkt. 8) be denied (Dkt. 31). Neither party has filed objections to the Report and Recommendation. After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved. Accordingly, it is ORDERED that:
(1) The Report and Recommendation (Dkt. 31) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
(2) Defendant's Motion to Transfer Venue or in the Alternative to Stay Proceedings (Dkt. 8) is DENIED. DONE AND ORDERED.