Rain Design, Inc. et al v. Spinido, Inc. et al

Filing 30

ORDER ADOPTING MAGISTRATE JUDGE'S 27 REPORT AND RECOMMENDATION REGARDING 22 MOTION FOR DEFAULT JUDGMENT AND TRANSFERRING CASE.***Civil Case Terminated.***Signed by Judge Haywood S. Gilliam, Jr. on 2/8/2019. (ndrS, COURT STAFF) (Filed on 2/8/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAIN DESIGN, INC., et al.,

Case No. 17-cv-03681-HSG

Plaintiffs,
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v.
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SPINIDO, INC., et al.,
Defendants.

Re: Dkt. Nos. 22, 27

United States District Court
Northern District of California

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ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
RECOMMENDATION REGARDING
MOTION FOR DEFAULT JUDGMENT
AND TRANSFERRING CASE

The Court has reviewed Magistrate Judge Corley's Report and Recommendation Re

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Motion for Default Judgment, as well as objections to the report. The Court finds the Report

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correct, well-reasoned and thorough, and adopts it in every respect. Accordingly,

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IT IS HEREBY ORDERED that the Plaintiffs’ Motion for Default Judgment is DENIED

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due to lack of personal jurisdiction. Because a lack of personal jurisdiction is a defect capable of

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being cured, the Court will transfer the case, pursuant to 28 U.S.C. § 1631, instead of dismissing it

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outright. The Clerk is DIRECTED to transfer the case to the District of Colorado, and to close

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the file.

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IT IS SO ORDERED.
Dated: 2/8/2019

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge