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Ecko Complex, LLC D/B/A Ecko v. Miracle Logistics

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


February 16, 2011

ECKO COMPLEX, LLC D/B/A ECKO
UNLIMITED, PLAINTIFF,
v.
MIRACLE LOGISTICS, INC ., DEFENDANT.

The opinion of the court was delivered by: Susan D. Wigenton, U.S.D.J.

NOT FOR PUBLICATION

ORDER

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

This matter comes before the Court on the Report and Recommendation (AR&R@) of United States Magistrate Judge Madeline Cox Arleo (AMagistrate Judge Arleo@), filed on January 18, 2011.

In the R&R, Magistrate Judge Arleo incorporates the reasons set forth on the record in the January 18, 2011 oral argument before her Honor. No objections have been filed to the R&R. The Court has reviewed the R&R and the other documents on file in this matter. Based on the foregoing, and for good cause shown, It is hereby ORDERED that the R&R of Magistrate Judge Arleo, filed January 18, 2011, incorporating the reasons set forth on the record on January 18, 2011, is ADOPTED as the conclusions of law of this Court.

Defendant Miracle Logistics, Inc.'s ("Defendant") motion to dismiss based on improper venue is DENIED; and it is ORDERED that pursuant to 28 U.S.C. ' 1406(a), this action be transferred to the United States District Court for the Southern District of Florida; and it is further ORDERED that Defendant=s motion to dismissed based on a Ashotgun@ pleading and motion to dismiss the negligence claim (Count II) of the amended complaint, be DISMISSED WITHOUT PREJUDICE and that Defendant be allowed to re-file these two motions with the transferee court in the Southern District of Florida.

SO ORDERED.

Orig: Clerk cc: Judge Arleo

Parties

20110216

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