Interstate Restoration, LLC v. Wilson Associates

Filing 18

ORDER Adopting 17 Recommendation of the United States Magistrate Judge. Defendant's Motion To Dismiss [# 7 ] is GRANTED. Defendant's Motion To Stay [# 8 ] is DENIED AS MOOT. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction in this forum. By Judge Robert E. Blackburn on 4/8/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03423-REB-MJW
INTERSTATE RESTORATION, LLC,
Plaintiff,
v.
WILSON ASSOCIATES,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the magistrate judge’s Recommendation on
Defendant’s Motion To Dismiss [#17],1 filed March 17, 2014. No objections having
been filed to the recommendation, I review it 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 recommendation should be approved and adopted.
The decision of the New Jersey Superior Court that no enforceable contract was
entered into between the parties clearly is entitled to preclusive effect, thereby vitiating
plaintiff’s argument that defendant is subject to personal jurisdiction in Colorado based

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.

on the forum selection clause of that alleged contract. Because plaintiff does not allege
that defendant otherwise has minimum contacts with this state, personal jurisdiction is
lacking.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge’s Recommendation on Defendant’s Motion To
Dismiss [#17], filed March 17, 2014, is APPROVED AND ADOPTED as an order of
this court;
2. That Defendant’s Motion To Dismiss [#7], filed December 24, 2013, is
GRANTED;
3. That Defendant’s Motion To Stay [#8], filed December 24, 2013, is DENIED
AS MOOT;
4. That plaintiff’s claims are DISMISSED WITHOUT PREJUDICE for lack of
personal jurisdiction in this forum; and
5. That judgment without prejudice SHALL ENTER on behalf of defendant,
Wilson Associates, against plaintiff, Interstate Restoration, LLC, on all claims for relief
and causes of action asserted in this action.
Dated April 8, 2014, at Denver, Colorado.
BY THE COURT:

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