Sallie v. Spanish Basketball Federation et al

Filing 45

ORDER adopting 43 and 44 Recommendations of the United States Magistrate Judge. Defendant Spanish Basketball Federation's Motion To Dismiss ForLack of Personal Jurisdiction Pursuant to Rule 12(b)(2) of the Federal Rules ofCivil Procedure [# 29 ], filed June 7, 2013, is GRANTED. This case is DISMISSED. By Judge Robert E. Blackburn on 3/20/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01095-REB-KMT
ROBURT SALLIE, an individual,
Plaintiff,
v.
SPANISH BASKETBALL FEDERATION, a business entity, and
CLUB BASQUET TARRAGONA, a business entity,
Defendants.

ORDER ADOPTING RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States
Magistrate Judge [#43],1 filed February 25, 2014; and (2) the Recommendation of
United States Magistrate Judge [#44], filed February 25, 2014. No objections having
been filed to the recommendations, I review them only for plain error. See MoralesFernandez 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 recommendations should be approved and
adopted. Plaintiff has failed to show that this court has personal jurisdiction over

1

“[#43]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

defendant Spanish Basketball Federation. Plaintiff has not even attempted to make a
case for specific jurisdiction in this case, and his assertion of general jurisdiction –
premised on general business dealings between defendant and the Colorado Springsbased USA Basketball – is wholly without merit. Nothing in the contacts alleged admits
of an attempt on defendant’s part to purposefully avail itself of the privilege of doing
business in Colorado. The mere fortuity that USA Basketball is located in Colorado
plainly is insufficient to create personal jurisdiction here.
Nor has plaintiff shown good cause for his protracted failure to serve the
remaining defendant, Club Basquet Tarrogona. Plaintiff acknowledges that he has
been unable locate this defendant to effectuate service and has not requested
additional time to do so or shown good cause why this defendant remains unserved
nearly two years after this lawsuit was filed.
Accordingly, I agree with the magistrate judge’s conclusion that plaintiff’s claims,
and this lawsuit, should be dismissed.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#43], filed
February 25, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That the Recommendation of United States Magistrate Judge [#44], filed
February 25, 2014, also is APPROVED AND ADOPTED as an order of this court
3. That Defendant Spanish Basketball Federation’s Motion To Dismiss For
Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2) of the Federal Rules of
Civil Procedure [#29], filed June 7, 2013, is GRANTED;

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4. That plaintiff’s claims against defendant Spanish Basketball Federation are
DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction in this forum;
5. That plaintiff’s claims against defendant Club Basquet Tarrogona are
DISMISSED WITHOUT PREJUDICE for failure to timely effectuate service of process;
6. That judgment without prejudice SHALL ENTER on behalf of defendants,
Spanish Basketball Federation and Club Basquet Tarrogona, against plaintiff, Roburt
Sallie, as to all claims and causes of action asserted against them herein; and
7. That this case is DISMISSED.
Dated March 20, 2014, at Denver, Colorado.
BY THE COURT:

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