Witt v. TFS Surgical (US), Inc. et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying without prejudice 12 Motion to Dismiss/General filed by TFS Manufacturing Pty. Ltd, TFS Surgical (US), Inc. (Written Opinion). Signed by Chief Judge John R. Tunheim on July 31, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA DONNA WITT, Civil No. 16-1042 (JRT/BRT) Plaintiff, v. TFS SURGICAL (US), INC.; TFS MANUFACTURING PTY. LTD; and JOHN DOE CORPORATIONS 1-20, ORDER ON REPORT AND RECOMMENDATION Defendants. Charles J. Lloyd, Esq., Joseph J. Triscaro, LIVGARD & LLOYD, PLLP, 2520 University Avenue SE, Suite 202, Minneapolis, MN 55414 for plaintiff. Kelly P. Magnus, and Tammy M. Reno, STICH, ANGELL, KREIDLER, UNKE & SCATTERGOOD P.A., 250 Second Avenue South, Suite 120, Minneapolis, MN 55401, for defendants. Magistrate Judge Becky R. Thorson filed a Report and Recommendation on July 12, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Defendants’ Motion to Dismiss (Doc. No. 12) is DENIED WITHOUT PREJUDICE; and 2. Plaintiff may, within three days of receiving this Order, serve up to five interrogatories on Defendants focused on the subject of personal jurisdiction over TFS Manufacturing. Dated: July 31, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court 2

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