Drob Collectibles, LLC v. Leaf Trading Cards, LLC

Background

The defendant filed a motion under Federal Rule of Civil Procedure 12(b)(6), which asks whether the complaint states a legally sufficient claim. Magistrate Judge Willis issued a Report and Recommendation recommending that the district court grant the motion as to Counts I, III, V, VI, and VII. The magistrate judge also denied the defendant’s motion to transfer, but that ruling was not before the district court for review.

The parties did not submit objections to the Report and Recommendation within the required fourteen-day period. The district court therefore reviewed the recommendation for clear error and found none. It accepted and adopted the Report and Recommendation in its entirety.

Disposition

The court granted the defendant’s motion to dismiss. It dismissed Counts I, V, and VI with prejudice and without leave to replead. It dismissed Counts III and VII without prejudice and granted the plaintiffs leave to replead those two claims.

The court explained that the case was still at an early stage, the plaintiffs had not previously amended their complaint, and amendment of Counts III and VII might not be futile. The court specifically noted that the pleading deficiencies identified for those counts might be corrected through further amendment. The Clerk of Court was directed to terminate the motions pending at Docket Nos. 15 and 17.

Judge and ruling

Judge Gregory H. Woods entered the order adopting the magistrate judge’s recommendation after finding no clear error. The order does not provide the underlying factual allegations or explain the specific pleading deficiencies beyond the discussion summarized from the Report and Recommendation.