MARTIN v. MAURER

Filing 51

ORDER adopting 44 Report and Recommendations and granting Defendant's 12 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Richard L. Young on 6/6/2016. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
AMY D. MARTIN,

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Plaintiff,
vs.
BETSY MAURER,
Defendant.

1:15-cv-01471-RLY-MJD

ORDER ON THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Amy D. Martin, Plaintiff, filed this action for fraud against her former sister-in law
Betsy Maurer, Defendant. Plaintiff alleges Defendant made a material misrepresentation
regarding her brother’s assets just prior to Plaintiff signing her divorce settlement
agreement. Plaintiff claims she justifiably relied upon that representation and was
damaged as a result because she accepted less property in the divorce than she would
have otherwise been entitled to receive. Defendant removed this case from the Hamilton
Superior Court and subsequently filed a Motion to Dismiss for Lack of Personal
Jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2).
The court referred the motion to the Magistrate Judge, who issued his Report and
Recommendation. The Magistrate Judge recommends that this court grant Defendant’s
motion. No party objects. Consequently, the court reviews the Report and
Recommendation for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th
Cir. 1999). After reviewing the record, the Report and Recommendation, and the

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relevant case law, this court is satisfied that the Magistrate Judge did not commit clear
error.
Therefore, the court ADOPTS the Magistrate Judge’s Report and
Recommendation (Filing No. 44). Defendant’s Motion to Dismiss for Lack of Personal
Jurisdiction (Filing No. 12) is GRANTED. Plaintiff’s Complaint is hereby DISMISSED
for want of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2).

SO ORDERED this 6th day of June 2016.
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RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

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