Summary
This United States District Court order accepts the Report and Recommendation of the assigned Magistrate Judge regarding the defendant's motion to dismiss for lack of personal jurisdiction. Because no party filed timely objections, the court conducted a non-de novo review and found the magistrate's reasoning neither clearly erroneous nor contrary to law. Consequently, the court denied the defendant's motion to dismiss and referred the case back to the Magistrate Judge for further pretrial proceedings.
Topics
Practice areas
Questions Presented
- Whether the district court should grant Defendant's motion to dismiss for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2).
Holdings
- The motion to dismiss is denied; the magistrate's report and recommendation are accepted.
Key quotations
“IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 28) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction ... is DENIED.” (at 1)
Factual background
Plaintiff Holt Texas, Ltd brought a breach‑of‑contract action against Defendant Precision Power Source, LLC. Defendant moved to dismiss for lack of personal jurisdiction.
Procedural history
Magistrate Judge issued a report and recommendation on Defendant's motion to dismiss for lack of personal jurisdiction. No party objected. The district court reviewed the report, found it not clearly erroneous, and accepted it.
Remand instructions
The case remains referred to the Magistrate Judge for further pretrial proceedings.