Liu v. M. Berkson LLC et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
YAN LIU, on behalf of herself and 	§
others similarly situated, 	§
§
Plaintiff, 	§
§
V. 	§ 	No. 3:24-cv-1999-K
§
M. BERKSON LLC, d/b/a NEWBORN 	§
ADVANTAGE SURROGACY, MINDY 	§
B. BERKSON, and SANTA MONICA 	§
FERTILITY CENTER, LLC, 	§
§
Defendants. 	§
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The 	United 	States 	Magistrate 	Judge 	made 	findings, 	conclusions, 	and 	a
recommendation in this case.
Objections were filed.
The District Court reviewed de novo those portions of the proposed findings,
conclusions, and recommendation to which objection was made, and reviewed the
remaining proposed findings, conclusions, and recommendation for plain error.
Finding 	no 	error, 	the 	Court 	ACCEPTS 	the 	Findings, 	Conclusions, 	and
Recommendation 	(the 	“FCR”) 	of 	the 	United 	States 	Magistrate 	Judge. 	The
Objections are OVERRULED.
The Court, therefore, GRANTS in part and DENIES in part Defendants’
Motion to Dismiss (Doc. No. 32) to the extent that the Court DISMISSES without
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prejudice Plaintiff’s claims for common law fraud and under the Texas Deceptive
Trade Practices Act, the New York Deceptive Trade Practices Act, and the New York
False Advertising Law under Federal Rule of Civil Procedure 9(b).
If Plaintiff wishes to amend her complaint to address the deficiencies identified
in the FCR, she must file a motion for leave to amend, which complies with this Court’s
Local Civil Rules, by March 16, 2026.
SO ORDERED.
Signed February 23rd
, 2026.
________________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
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