Anzures v. Flagship Restaurant Group et al

Filing 48

ORDER granting 45 Report and Recommendations of United States Magistrate Judge. The Objection to Recommendation of United States Magistrate Judge 45 46 , are overruled. Defendants' Motion To Dismiss Amended Complaint 35 , is granted. By Judge Robert E. Blackburn on 8/10/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-01277-REB-CBS
JOE ANZURES,
Plaintiff,
v.
FLAGSHIP RESTAURANT GROUP, a Nebraska company, and
NICK HOGAN,
Defendants.

ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States
Magistrate Judge [#45],1 filed July 14, 2015; and (2) the objections stated in plaintiff’s
Objection to Recommendation of United States Magistrate Judge [#45] [#46], filed
July 28, 2015. I overrule plaintiff’s objections, adopt the recommendation, and grant
defendants’ motion to dismiss for lack of personal jurisdiction.
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the
recommendation to which objections have been filed. I have considered carefully the
recommendation, objections, and applicable caselaw, as well as the arguments raised
and authorities cited by the parties both in their original briefs and in the objection and
response.
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“[#45]” 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 recommendation is detailed and well-reasoned. The magistrate judge’s
thorough analysis of the issues raised by defendants’ motion to dismiss for lack of
personal jurisdiction over them in this forum requires no festooned reiteration by this
court. After de novo review, I wholeheartedly approve and adopt the recommendation
as an order of this court.
Plaintiff’s objections are imponderous and without merit. Like his motion, his
objection focuses myopically on his own contacts within the forum, rather than the
salient contacts of either defendant. Those contacts are too ephemeral and tenuous to
allow this court to assume personal jurisdiction over these defendants in this forum.
Moreover, even assuming arguendo that defendants’ contacts with this forum were
minimally sufficient, I concur with the magistrate judge that it nevertheless would offend
traditional notions of fair play and substantial justice to assume personal jurisdiction
over them here.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#45], filed
July 14, 2015, is approved and adopted as an order of this court;
2. That the objections stated in plaintiff’s Objection to Recommendation of
United States Magistrate Judge [#45] [#46], filed July 28, 2015, are overruled;
3. That Defendants’ Motion To Dismiss Amended Complaint [#35], filed
October 2, 2014, is granted;
4. That plaintiff’s claims against defendant are dismissed without prejudice for
lack of personal jurisdiction over defendants in this forum;

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5. That judgment without prejudice shall enter on behalf of defendants, Flagship
Restaurant Group, a Nebraska company; and Nick Hogan, an individual, against
plaintiff, Joe Anzures, on all claims for relief and causes of action; and
6. That this case is closed.
Dated August 10, 2015, at Denver, Colorado.
BY THE COURT:

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