Grammer Industries, Incorporated v. Beach Mold & Tool, Inc.

Filing 174

ORDER Adopting 168 Report and Recommendation GRANTING 102 Motion to Dismiss, filed by Beachmold Mexico, S. de R.L. de C.V., Plastic Injection Holding (PIH) Company of Mexico, LLC n/k/a iP3 North America, LLC, Plastic Injection Operating (PIO) Company of Mexico, LLC - Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GRAMMER INDUSTRIES, INC.,
Plaintiff,

Case No. 15-cv-12694

v.

Paul D. Borman
United States District Judge

BEACH MOLD AND TOOL, INC.
et al.,

R. Steven Whalen
United States Magistrate Judge

Defendants.
______________________________/
ORDER ADOPTING MAGISTRATE JUDGE WHALEN’S MARCH 14, 2019
REPORT AND RECOMMENDATION (ECF NO. 168) AND
GRANTING CERTAIN DEFENDANTS/CROSS-DEFENDANTS’
MOTION TO DISMISS (ECF NO. 102)
On March 14, 2019, Magistrate Judge R. Steven Whalen issued a Report and
Recommendation (ECF No. 168) to GRANT Defendants/Cross-Defendants
Beachmold Mexico, S. de R.L. de C.V. (“Beachmold Mexico”), Plastic Injection
Operating Company of Mexico, LLC (“PIO”), and Plastic Injection Holding Company
of Mexico, LLC, n/k/a iP3 North America, LLC (“iP3”)’s Motion to Dismiss (ECF
No. 102). Having reviewed the Report and Recommendation and there being no
timely objections filed with the Court under 28 U.S.C. § 636(b)(1) and E.D. Mich L.
R. 72.1(d), the Court ADOPTS the Report and Recommendation and GRANTS the
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Motion to Dismiss (ECF No. 102) and DISMISSES WITHOUT PREJUDICE
Beachmold Mexico, PIO, and iP3 for lack of personal jurisdiction pursuant to Fed. R.
Civ. P. 12(b)(2). See Interra Corp. v. Henderson, 428 F.3d 605, 620 (6th Cir. 2005)
(holding that “dismissals for lack of personal jurisdiction should be made without
prejudice,” citing Fed. R. Civ. P. 41(b)).
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: April 2, 2019

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