Reported / Citable
Background
Axcess Instruments IP Holding Company sued Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and several foreign Intuitive entities in the Eastern District of Texas. The defendants moved to dismiss Axcess’s claims under Federal Rule of Civil Procedure 12.
Magistrate Judge Payne recommended granting the motion in part. The recommendation called for dismissing the two domestic defendants—Intuitive Surgical, Inc. and Intuitive Surgical Operations, Inc.—for improper venue while otherwise denying the motion because it violated Local Rule CV-7(a). Axcess objected to the report and recommendation.
The Court’s Holding
After conducting a de novo review of the motion briefing, the report and recommendation, and Axcess’s objections, the district court agreed with the report’s reasoning. It concluded that Axcess’s objections did not demonstrate that the report and recommendation was erroneous.
The court overruled the objections, adopted the report and recommendation, and granted the motion to dismiss in part. It dismissed without prejudice Axcess’s claims against Intuitive Surgical, Inc. and Intuitive Surgical Operations, Inc. for improper venue and denied the motion in all other respects.
Key Takeaways
- The claims against the two domestic Intuitive defendants were dismissed without prejudice for improper venue.
- The foreign Intuitive entities were not dismissed under this order because the court otherwise denied the motion.
- The court adopted the recommendation that the remainder of the motion violated Local Rule CV-7(a).
Why It Matters
The order shows that improper venue can require dismissal of particular defendants without ending the entire action. Because the dismissal was without prejudice, the order did not adjudicate the dismissed claims on their merits.
It also underscores that compliance with local motion-practice rules can determine whether a court considers requested relief against other parties.