Choon's Design Inc. v. Midwest Trading Group, Inc.

Filing 15

ORDER GRANTING Limited Discovery into Jurisdiction and DENYING WITHOUT PREJUDICE 9 Defendant's Motion to Dismiss. Signed by District Judge Terrence G. Berg. Joint proposed scheduling order due by 2/6/2015 (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHOON’S DESIGN, INC.,
Plaintiff,
Case No. 14-13666
HON. TERRENCE G. BERG

v.
MIDWEST TRADING GROUP, INC.
Defendant.
/

ORDER GRANTING LIMITED DISCOVERY INTO JURISDICTION AND
DENYING DEFENDANT’S MOTION TO DISMISS WITHOUT PREJUDICE
(DKT. 9)
This matter is before the Court on Defendant Midwest Trading Group’s
(“Defendant’s”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(2)
filed on November 11, 2014. (Dkt. 9).
“Courts have three procedural alternatives when faced with a motion to
dismiss based on personal jurisdiction, brought pursuant to Fed.R.Civ.P. 12(b)(2): 1)
determine the motion based on the affidavits alone; 2) permit discovery, which
would aid in resolution of the motion; or 3) conduct an evidentiary hearing on the
merits of the motion.” In re Refrigerant Compressors Antitrust Litig., No. 09-MD2042, 2014 WL 4678048, at *1 (E.D. Mich. Sept. 18, 2014).
Having reviewed the parties’ briefs, affidavits, and exhibits, the Court
concludes that limited discovery would assist the Court in determining whether
Defendant is subject to personal jurisdiction in Michigan.
This Court thus GRANTS Plaintiff Choon’s Design’s (“Plaintiff’s”) request for
limited discovery on the issue of personal jurisdiction. Counsel for the parties are to

meet and confer as to the necessary discovery and to submit a joint proposed
scheduling order to the Court no later than February 6, 2015.
IT IS FURTHER ORDERED that Defendant’s motion to dismiss for lack of
personal jurisdiction is DENIED WITHOUT PREJUDICE. If appropriate,
Defendant may renew its motion following the completion of the limited discovery.
SO ORDERED.
Dated: January 23, 2015

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically submitted on January 23,
2015, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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