Magpul Industries, Corp. v. Plinker Arms, LLC dba Plinker Tactical

Filing 38

ORDER denying 23 Motion to Dismiss, The Court directs the parties to contact chambers and set a scheduling conference within fourteen (14) days of this filing. By Judge R. Brooke Jackson on 4/11/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No. 13-cv-01984-RBJ
MAGPUL INDUSTRIES, CORP.,
Plaintiff,
v.
PLINKER ARMS, LLC,
dba PLINKER TACTICAL,
Defendant.

ORDER

The defendant, Plinker Arms, LLC, dba Plinker Tactical, moves to dismiss the complaint
for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) and for improper venue
pursuant to Fed. R. Civ. P. 12(b)(3). An unrelated but similar case is also pending before this
Court. Magpul Industries, Inc. v. Big Rock Sports, LLC, No. 13-cv-01982-RBJ. In both cases,
Magpul alleges patent infringement, and the defendant moves to dismiss for lack of personal
jurisdiction and improper venue. The defendants in both cases, represented by the same counsel,
make nearly identical arguments in support of their motions. In turn, Magpul responds with the
same arguments in favor of maintaining the case in Colorado: primarily that the defendants sold
the accused products to Colorado residents, and in doing so subjected themselves to the personal
jurisdiction of this court.
The Court has today issued its order denying the motion to dismiss in the Big Rock case.
[ECF No. 29]. That order is incorporated here by reference. For the same reasons, and without
repeating them unnecessarily in this order, the Court denies the motion to dismiss [ECF No. 23]
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in this case. The Court directs the parties to contact chambers and set a scheduling conference
within fourteen (14) days of this filing.
DATED this 11th day of April, 2014.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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