Filed: Jun. 10, 2014
Latest Update: Jun. 10, 2014
Summary: ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. The matter before me is the Recommendation of United States Magistrate Judge [#298], 1 filed May 19, 2014. No objections having been filed to the recommendation, I review it only for plain error. 2 See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116 , 1122 (10 th Cir. 2005). Finding no error, much less plain error, in the magistrate judge's recommended dispos
Summary: ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. The matter before me is the Recommendation of United States Magistrate Judge [#298], 1 filed May 19, 2014. No objections having been filed to the recommendation, I review it only for plain error. 2 See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116 , 1122 (10 th Cir. 2005). Finding no error, much less plain error, in the magistrate judge's recommended disposi..
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ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
ROBERT E. BLACKBURN, District Judge.
The matter before me is the Recommendation of United States Magistrate Judge [#298],1 filed May 19, 2014. No objections having been filed to the recommendation, I review it only for plain error.2 See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).
Finding no error, much less plain error, in the magistrate judge's recommended disposition, I find and conclude that recommendation should be approved and adopted. I concur with the magistrate judge's conclusion that nothing in the complaint plausibly alleges a valid basis for this court to assume either general or specific personal jurisdiction over defendant Sue Kaplan in this forum.3
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#298], filed May 19, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant Sue M. Kaplan's Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) or, in the Alternative, Fed. R. Civ. P. 12(b)(2), is GRANTED IN PART and DENIED AS MOOT IN PART as follows;
a. That the motion is GRANTED to the extent it seeks dismissal of plaintiff's claims against defendant, Sue M. Kaplan, on the basis of lack of personal jurisdiction in this forum; and
b. That in all other respects, the motion is DENIED AS MOOT;
4. That plaintiff's claims against defendant, Sue M. Kaplan, are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction in this forum;
5. That at the time judgment enters, judgment without prejudice SHALL ENTER on behalf of defendant, Sue M. Kaplan, against plaintiff, Jon A. Goodwin, as to all claims and causes of action asserted against this defendant herein; and
6. That defendant, Sue M. Kaplan, is DROPPED as a named party to this action, and the case caption AMENDED accordingly.
