Tomelleri v. Chamzuk et al

Filing 78

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 75 Report and Recommendations is adopted, 51 Motion to Dismiss/Lack of Jurisdiction filed by Trisura Guarantee Insurance Company is granted. Signed by District Judge Carlos Murguia on 2/23/2017. (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOSEPH R. TOMELLERI,
Plaintiff- Judgment Creditor,
v.
QUICK DRAW, INC.,
Defendant-Judgment Debtor,
v.
ST. PAUL FIRE AND MARINE
INSURANCE COMPANY and
TRISURA GUARANTEE INSURANCE
COMPANY,
Garnishees.

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Case No. 14-2441-CM

ORDER ADOPTING REPORT AND RECOMMENDATION
This case is before the court on Garnishee Trisura Guarantee Insurance Company’s Motion to
Dismiss or, in the Alternative, to Quash Writ of Garnishment (Doc. 51). On February 8, 2017, Judge
James P. O’Hara issued a Report and Recommendation thoroughly analyzing whether the court has
personal jurisdiction over Trisura and concluding that it does not. The time to object to Judge
O’Hara’s Report and Recommendation has passed, and no objection has been filed. The court agrees
with Judge O’Hara’s analysis and conclusion, and therefore adopts the Report and Recommendation in
its entirety. Trisura is dismissed from the case for lack of personal jurisdiction.
IT IS THEREFORE ORDERED that the Report and Recommendation of Judge O’Hara
(Doc. 75) is adopted.

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IT IS FURTHER ORDERED that Garnishee Trisura Guarantee Insurance Company’s Motion
to Dismiss or, in the Alternative, to Quash Writ of Garnishment (Doc. 51) is granted
IT IS FURTHER ORDERED that Garnishee Trisura Guarantee Insurance Company is
dismissed from the case.
Dated this 23rd day of February, 2017, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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