Dr. Stewart Lucas Murrey v. Brandyourself.com Inc

Background

Dr. Stewart Lucas Murrey, representing himself, sued Brandyourself.com, Inc., Tom Vitolo, and Christian Tyron. His first amended complaint asserted claims under the federal Racketeer Influenced and Corrupt Organizations Act, California’s unfair competition law, California’s statutory and common-law right of publicity, common-law fraud, and civil conspiracy.

The court had previously granted the defendants’ motion to dismiss the first amended complaint but allowed Murrey to seek permission to file a second amended complaint. Murrey timely moved for leave to amend and attached a proposed second amended complaint. He also moved to transfer the action back to the Central District of California.

Report and Recommendation

The court referred both motions to Magistrate Judge James L. Cott. Judge Cott recommended denying the motion to amend, denying the motion to transfer as moot, and dismissing the defendants with prejudice. No party objected to the recommendation. The court therefore reviewed it for clear error, meaning an obvious mistake, and found none.

Ruling

Judge Analisa Torres adopted the Report and Recommendation in its entirety. The court denied Murrey’s motion to amend, denied as moot his motion to transfer, and dismissed the defendants with prejudice, using the court’s stated disposition. The clerk was directed to terminate the listed motions, mail a copy of the order to Murrey, and close the case.