Nagim et al v. Irving et al

Filing 44

ORDER. The Recommendation of United States Magistrate Judge 43 filed 10/19/2010, is APPROVED AND ADOPTED as an order of this court. The 12b(1), 12b(2), 12b(3) and 12b(6) Motion To Dismiss [#6] filed 08/12/2010, by defendants, Stephen Irving, Josep h E. Abraham, Jr., Sandra Abraham, and Joseph E. Abraham, III, is GRANTED for lack of personal jurisdiction over these defendants in this forum. Defendant Alicia Pellegrins Motion To Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6) 13 filed 08/13/2010, is GRANTED for lack of personal jurisdiction over this defendant in this forum. Plaintiffs claims against defendants, Stephen Irving, Joseph E. Abraham, Jr., Sandra Abraham, Joseph E. Abraham, III, and Alicia Pellegrin are DISMISSED WITHO UT PREJUDICE. Plaintiffs claims against defendant, Louisiana State University, are DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction pursuant to the Eleventh Amendment. Judgment SHALL ENTER on behalf of defendants, Stephen Irving,Jose ph E. Abraham, Jr., Sandra Abraham, Joseph E. Abraham, III, and Alicia Pellegrin, against plaintiffs, Ronald Nagim and Janet Nagim,judgment as tothese defendants SHALL BE without prejudice. Judgment SHALL ENTER on behalf of defendant, Louisiana State University, against plaintiffs, Ronald Nagim and Janet Nagim, as to all claims for relief and causes of action asserted against it; provided, furthermore, that judgment as to this defendant SHALL BE with prejudice. By Judge Robert E. Blackburn on 11/19/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 10-cv-01925-REB-KLM RONALD NAGIM, and JANET NAGIM, Plaintiffs, v. STEPHEN IRVING, JOSEPH E. ABRAHAM, JR., SANDRA ABRAHAM, JOSEPH E. ABRAHAM, III, ALICIA PELLEGRIN, and LOUISIANA STATE UNIVERSITY, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#43] filed October 19, 2010. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

This standard pertains even though plaintiffs are proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#43] filed October 19, 2010, is APPROVED AND ADOPTED as an order of this court; 2. That the 12b(1), 12b(2), 12b(3) and 12b(6) Motion To Dismiss [#6] filed August 12, 2010, by defendants, Stephen Irving, Joseph E. Abraham, Jr., Sandra Abraham, and Joseph E. Abraham, III, is GRANTED for lack of personal jurisdiction over these defendants in this forum; 3. That Defendant Alicia Pellegrin's Motion To Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6) [#13] filed August 13, 2010, is GRANTED for lack of personal jurisdiction over this defendant in this forum; 4. That plaintiffs' claims against defendants, Stephen Irving, Joseph E. Abraham, Jr., Sandra Abraham, Joseph E. Abraham, III, and Alicia Pellegrin are DISMISSED WITHOUT PREJUDICE; 5. That plaintiffs' claims against defendant, Louisiana State University, are DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction pursuant to the Eleventh Amendment; 6. That judgment SHALL ENTER on behalf of defendants, Stephen Irving, Joseph E. Abraham, Jr., Sandra Abraham, Joseph E. Abraham, III, and Alicia Pellegrin, against plaintiffs, Ronald Nagim and Janet Nagim, as to all claims for relief and causes of action asserted against these defendants; provided, however, that judgment as to these defendants SHALL BE without prejudice; and

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7. That judgment SHALL ENTER on behalf of defendant, Louisiana State University, against plaintiffs, Ronald Nagim and Janet Nagim, as to all claims for relief and causes of action asserted against it; provided, furthermore, that judgment as to this defendant SHALL BE with prejudice. Dated November 19, 2010, at Denver, Colorado. BY THE COURT:

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