Reported / Citable
Background
Yillio, Inc. sued Uber Technologies, Inc. in the Eastern District of Texas. Uber moved to dismiss Yillio’s amended complaint for improper venue and failure to state a claim.
Magistrate Judge Payne recommended granting Uber’s motion and dismissing the action under Federal Rule of Civil Procedure 12(b)(6). Yillio objected to that recommendation, and Uber responded to the objections.
The Court’s Holding
After de novo review of the dismissal briefing, the report and recommendation, and the objections briefing, District Judge Rodney Gilstrap concluded that Yillio’s objections did not establish error in the magistrate judge’s reasoning.
The court overruled Yillio’s objections, adopted the report and recommendation, granted Uber’s motion, and dismissed the case under Rule 12(b)(6). The clerk was ordered to close the case.
Key Takeaways
- The court adopted Magistrate Judge Payne’s recommendation to dismiss the amended complaint.
- Yillio’s objections did not persuade the court that the recommendation was erroneous.
- The dismissal was pursuant to Rule 12(b)(6), and the case was closed.
Why It Matters
The order ends Yillio’s action against Uber in the Eastern District of Texas at the pleading stage. Although Uber also raised improper venue, the order expressly states that the case was dismissed pursuant to Rule 12(b)(6).