Reported / Citable
Background
Defendant Creative Realities, Inc. moved under Federal Rule of Civil Procedure 12(b)(3) to dismiss the case or, alternatively, to transfer it to the Northern District of Minnesota under 28 U.S.C. § 1406(a).
Magistrate Judge Payne recommended denying the motion. He also recommended denying as moot an identical motion filed after consolidation in member case No. 2:25-cv-00931-JRG-RSP. Creative Realities objected to the recommendation.
The Court’s Holding
After reviewing the motion briefing, the report and recommendation, and Creative Realities’ objections de novo, the district court agreed with the magistrate judge’s reasoning. It concluded that the objections did not show the report and recommendation was erroneous.
The court therefore overruled the objections, adopted the report and recommendation, and denied Creative Realities’ motion to dismiss or transfer. It also denied as moot the duplicate motion in the member case.
Key Takeaways
- Creative Realities did not obtain dismissal for improper venue or transfer to the Northern District of Minnesota.
- The district court conducted de novo review and adopted Magistrate Judge Payne’s recommendation.
- The identical post-consolidation motion in the member case was denied as moot.
Why It Matters
The order leaves the consolidated litigation in the Eastern District of Texas and disposes of both Creative Realities’ operative venue motion and its duplicate motion in the member case.