Grady v. Brodersen
Filing
35
ORDER adopting 33 Recommendation of United States Magistrate Judge. The Defendant's Motion to Dismiss for Lack of Personal Jurisdictionand Improper Venue [# 17 ] filed May 6, 2013, is DENIED. By Judge Robert E. Blackburn on 2/10/2014.(klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00752-REB-BNB
JAMES S. GRADY, d/b/a Group Five Photosports,
Plaintiff,
v.
EVAN BRODERSEN, a/k/a EFAN BRUDER, and
JOHN DOES 1-5,
Defendants.
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following:(1) the Defendant’s Motion to
Dismiss for Lack of Personal Jurisdiction and Improper Venue [#17]1 filed May 6,
2013; and (2) the Recommendation of United States Magistrate Judge [#33] filed
January 10, 2014. I approve and adopt the recommendation and deny the motion to
dismiss.
No objections to the recommendation were filed. Thus, I review it only for plain
error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d
1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the
recommendation of the magistrate judge, I find and conclude that the recommendation
should be approved and adopted as an order of this court.
1
“[#17]” 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.
The defendant, Evan Brodersen, argues in his motion to dismiss that this court
does not have personal jurisdiction over him. In the recommendation, the magistrate
judge analyzes the applicable law and the current record in this case. The magistrate
judge concludes, correctly, that the plaintiff has met his burden of making a prima facie
showing of facts which, if true, support the exercise of personal jurisdiction over the
defendant.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#33] filed
January 10, 2014, is APPROVED and ADOPTED as an order of this court; and
2. That the Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction
and Improper Venue [#17] filed May 6, 2013, is DENIED.
Dated February 10, 2014, at Denver, Colorado.
BY THE COURT:
2
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