Phazzer Electronics, Inc. v. Protective Solutions, Inc. et al

Filing 52

ORDER granting 42 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendations re 49 Report and Recommendations; denying 50 Motion to Transfer case; denying 28 Motion for Default Judgment; denying 32 Motion for Default Judgment. Signed by Judge Gregory A. Presnell on 2/19/2016. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PHAZZER ELECTRONICS, INC.,
Plaintiff,
v.

Case No: 6:15-cv-348-Orl-31DAB

PROTECTIVE SOLUTIONS, INC.,
JEFFREY ANDERSON and MIA
ANDERSON,
Defendants.

ORDER
This matter comes before the Court upon the Report and Recommendation (Doc. 49),
entered by Magistrate Judge David Baker on January 20, 2016, Plaintiff’s Motion to Transfer to
the Eastern District of Michigan and Objection to the Report and Recommendation (Doc. 50) and
Defendants’ Response in Opposition (Doc. 51). In the Report and Recommendation, Judge Baker
found that Plaintiff failed to show personal jurisdiction over any Defendant, and recommended
that the Clerk’s defaults entered against the Defendants be vacated, the Defendants’ motion to
dismiss for lack of personal jurisdiction be granted and the Complaint dismissed, with leave to
amend against the corporate defendant only, and the motions for default judgment be denied as
moot. Upon de novo review of the above, the Court concurs with the recommendations of the
Magistrate Judge. The Court also finds that Plaintiff has failed to make a sufficient showing under
28 U.S.C. 1404(a) for transfer.
It is, therefore, ORDERED that:
1) Plaintiff’s Objection to the Report and Recommendation is OVERRULED. The Report
and Recommendation is CONFIRMED and ADOPTED as part of this Order.

2) The Defaults entered by the Clerk are VACATED, and the Motions for Entry of Default
Judgment are DENIED.
3) The Amended Motion to Dismiss the Complaint for Lack of Personal Jurisdiction is
GRANTED. The Plaintiff may file an Amended Complaint against the corporate
defendant by March 4, 2016
4) Plaintiff’s Motion to Transfer is DENIED.
DONE and ORDERED in Chambers, Orlando, Florida on February 19, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Party

-2-