Continental Casualty Company v. Americana Art China Company Inc. et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendations.; denying 8 Motion to Dismiss. Signed by Chief Judge Gregory M. Sleet on 3/20/2013. (asw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CONTINENTAL CASUALTY
COMPANY,
Plaintiff,

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AMERICANA ART CHINA CO., INC.,
and FOXFIRE PRINTING AND PACKAGING,
INC.,

C.A. No. 11-cv-1172 (GMS-SRF)

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Defendants.
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ORDER ADOPTING MAGISTRATE JUDGE'S
RECOMMENDATION ABSENT TIMELY OBJECTION
This Order is issued upon consideration of the Report and Recommendation of United
States Magistrate Judge Sherry Fallon issued on February 25, 2013, and upon the expiration of
the time allowed for objections pursuant to Rule 72 of the Federal Rules of Civil Procedure with
no objection having been received.
Accordingly, this

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1J_ day of March, 2013, by the United States District Court for the

District of Delaware, it is ORDERED that:
1. Magistrate Judge Fallon's Report and Recommendation (D.I. 23) is ADOPTED;

2. The Motion to Dismiss for lack of personal jurisdiction filed by defendant Americana
Art China Co., Inc. and the defendants' joint Motion to Dismiss based on the doctrine
of abstention (D.I. 8) are DENIED without prejudice to renew.

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As Magistrate Judge Fallon's Report and Recommendation makes clear, the defendants may renew their
motions "in the event matters pending in the Northern District of Illinois do not result in a resolution of the claims
asserted in the present litigation." (D .I. 23 at 1.)