Lewis v. Abbott Laboratories, Inc., 6:19-cv-909-Orl-31LRH. (2020)
Court: District Court, M.D. Florida
Number: infdco20200303a97
Visitors: 8
Filed: Mar. 02, 2020
Latest Update: Mar. 02, 2020
Summary: ORDER GREGORY A. PRESNELL , District Judge . On February 5, 2020, United States Magistrate Judge Leslie R. Hoffman issued a Report and Recommendation ("R&R") (Doc. 79) recommending that Greatbatch's motion to dismiss (Doc. 71) be granted in part as to the lack of personal jurisdiction. The R&R also granted Plaintiff's renewed alternative motion to sever Greatbatch and transfer Plaintiff's claims against it to the United States District Court for the Western District of New York (Doc. 75).
Summary: ORDER GREGORY A. PRESNELL , District Judge . On February 5, 2020, United States Magistrate Judge Leslie R. Hoffman issued a Report and Recommendation ("R&R") (Doc. 79) recommending that Greatbatch's motion to dismiss (Doc. 71) be granted in part as to the lack of personal jurisdiction. The R&R also granted Plaintiff's renewed alternative motion to sever Greatbatch and transfer Plaintiff's claims against it to the United States District Court for the Western District of New York (Doc. 75). O..
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ORDER
GREGORY A. PRESNELL, District Judge.
On February 5, 2020, United States Magistrate Judge Leslie R. Hoffman issued a Report and Recommendation ("R&R") (Doc. 79) recommending that Greatbatch's motion to dismiss (Doc. 71) be granted in part as to the lack of personal jurisdiction. The R&R also granted Plaintiff's renewed alternative motion to sever Greatbatch and transfer Plaintiff's claims against it to the United States District Court for the Western District of New York (Doc. 75).
On February 28, 2020, Greatbatch objected to that part of the R&R that recommended severance and transfer (Doc. 82). Plaintiff responded in opposition to that objection (Doc. 84). In its objection, Greatbatch contends that under a de novo standard of review, Magistrate Judge Hoffman failed to properly weigh the evidence. However, severance and transfer are not dispositive issues and must be reviewed under the "clearly erroneous" or "contrary to law" standard. Fed. R. Civ. P. 72(a). Under this standard, Greatbatch's motion is due to be denied. In the R&R, Magistrate Judge Hoffman applied the correct legal standard and her analysis of the evidentiary factors was not clearly erroneous. Accordingly, it is
ORDERED that:
1. The objections to Magistrate Judge Hoffman's R&R filed by Greatbatch (Doc. 82) are OVERRULED. The R&R (Doc. 79) is confirmed in all respects.
2. Greatbatch's motion to dismiss as to the lack of personal jurisdiction (Doc. 71) is GRANTED.
3. Plaintiff's renewed alternative motion to sever Greatbatch from this case and transfer Plaintiff's claims (Doc. 75) is GRANTED.
4. Plaintiff's claims against Greatbatch are SEVERED from the second amended complaint and those claims are hereby TRANSFERRED to the United States District Court for the Western District of New York, Buffalo Division.
DONE and ORDERED.
Source: Leagle
