Sirius XM Radio Inc. v. Aura Multimedia Corporation
- Gregory Woods
- 1:21-cv-06963
- U.S. District Court · Southern District of New York
- 2
In Sirius XM Radio v. Aura Multimedia, Judge Woods denied Burton’s process challenges but deferred other dismissal grounds.
The order directly concerns Defendant Clayton B. Burton Jr.’s motion to dismiss and Sirius XM Radio Inc.’s complaint; the court did not decide the deferred dismissal grounds.
What happened
In Sirius XM Radio Inc. v. Aura Multimedia Corporation, Defendant Clayton B. Burton Jr. asked the court to dismiss the complaint for problems with the legal papers and how they were delivered.
A magistrate judge recommended denying those challenges but did not recommend a decision on personal jurisdiction, venue, or whether the complaint stated a claim. No one objected to the recommendation within the required time.
Judge Woods found no clear error, adopted the recommendation, and denied Burton’s motion based on insufficient process and insufficient service of process. The court deferred ruling on Burton’s other listed grounds for dismissal.
The detailed version
- Sirius XM Radio Inc. v. Aura Multimedia Corporation · No. 1:21-cv-06963
- Gregory Woods
- Apr. 28, 2022
Background
Sirius XM Radio Inc. sued Aura Multimedia Corporation, Aura Multimedia Technologies Co., and Clayton B. Burton Jr. Burton moved to dismiss the complaint, arguing that the legal papers were insufficient and that service of the papers was insufficient. He also raised lack of personal jurisdiction, improper venue, failure to state a claim, and lack of subject-matter jurisdiction.
Report and Recommendation
Magistrate Judge Aaron recommended denying Burton’s motion to dismiss based on insufficient process and insufficient service of process. The magistrate judge deferred a recommendation on personal jurisdiction, improper venue, and failure to state a claim. The magistrate judge did not address subject-matter jurisdiction because Burton’s motion did not substantively discuss that issue.
Court’s ruling
No party filed a timely objection to the report and recommendation. The court therefore reviewed the recommendation for clear error and found none. Judge Woods accepted and adopted the report and recommendation concerning Burton’s motion in its entirety. The court denied Burton’s motion to dismiss based on insufficient process and insufficient service of process, and deferred ruling on his motion to dismiss based on lack of personal jurisdiction, improper venue, and failure to state a claim. The clerk was directed to terminate the motion listed at docket entry 49.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.