BENNETT v. BEGGS AND LANE, LLP et al

Filing 15

MEMORANDUM ORDER denying 7 Motion to Dismiss for Lack of Jurisdiction and ; adopting 13 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. FURTHER ORDERED that the Clerk is directed to transfer this case FORTHWITH to the United States District Court for the Northern District of Florida and thereafter mark this case CLOSED. Signed by Judge David S. Cercone on 2/1/12. (njt) [Transferred from Pennsylvania Western on 2/2/2012.]

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SUSAN A. BENNETT

Plaintiff,
v.
BEGGS AND LANE, LLP, and
THOMAS F. GONZALEZ, ESQ.
Defendants.

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2:l1cv1222
Electronic Mail

Judge Cercone
Magistrate Judge Eddy

MEMORANDUM ORDER

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AND NOW, this

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day of

or-"n

~2012, a Complaint having been filed

in this Court [ECF No.1], and Defendants having filed a Motion to Dismiss for Lack of Personal
Jurisdiction under Fed. R. Civ. P. 12(b)(2) andlor for Failure to State a Claim pursuant to Fed. R.
Civ. P. 12(b)(6) [ECF No.7], the Magistrate Judge found, as explained in her Report and
Recommendation [ECF No.13], that this Court lacks general or specific jurisdiction over the
Defendants and that venue is not properly laid in this District. The Magistrate Judge
recommended that, in the interest ofjustice, the Defendants' Motion to Dismiss pursuant to Fed.

R. Civ. P. 12(b)(2) be denied, that the merits of the 12(b)(6) Motion not be considered in the first
instance by this Court, because the matter should be transferred to the District Court for the
Northern District of Florida, pursuant to the provisions of 28 U.S.C. § 1631. Plaintiff states in
her Brief in Opposition to the Motion to Dismiss for Lack of Jurisdiction that she is not opposed
to the transfer. [ECF No. 12]. Objections to the Magistrate Judge's Report and Recommendation
were due on January 27,2012, and none were filed.

Upon independent review of the record, including the Magistrate Judge's Report and
Recommendation [ECF No. 13], which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss for Lack of
Jurisdiction [ECF No.7] is DENIED. It is further ORDERED that the Clerk of this Court
transfer this matter FORTHWITH to the District Court for the Northern District of Florida, and
thereafter mark this case closed in the Western District of Pennsylvania.

David Stewart Cercone
United States District Judge

cc:

Neal A. Sanders, Esquire
David B. White, Esquire
Stephanie L. Solomon, Esquire

(Via CMlECF Electronic Mail)

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