United States District Court, W.D. Virginia, Harrisonburg Division
March 31, 2015
DIRECTV, LLC, Plaintiff,
ROBERT SAYLOR, et al., Defendants.
MICHAEL F. URBANSKI, District Judge.
For the reasons set forth in the Memorandum Opinion entered this day, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (Dkt. # 53) is ADOPTED in part and REJECTED in part;
2. Defendants' motions to dismiss the original complaint (Dkt. # 26 & 29) are DENIED as moot;
3. Defendant Robert Saylor's motion to dismiss for improper venue or, in the alternative, motion for arbitration (Dkt. # 36) is GRANTED in part and DENIED in part;
a. Saylor's motion to dismiss for improper venue pursuant to 28 U.S.C. § 1391 is DENIED with prejudice;
b. Saylor's motion to compel arbitration is GRANTED;
c. Plaintiff DIRECTV, LLC's claims against Saylor in this case are DISMISSED without prejudice to allow arbitration to proceed in the Central District of California, and are hereby STRICKEN from the active docket of the court;
4. Defendants Ellicott City Cable, LLC and Bruce Taylor's motion to dismiss for lack of personal jurisdiction (Dkt. # 42) is DENIED without prejudice; and
5. DIRECTV's oral motion for discovery and/or to transfer venue (Dkt. # 47) is DENIED without prejudice at this time.
It is SO ORDERED.