GLOBAL FORWARDING LTD. v. OU HOLDING LTD. et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Motion to Dismiss/Lack of Jurisdiction, and thus denies Defts' motion to dismiss pending discovery regarding whether the Court can properly exercise jurisdiction over Defts. Signed by Judge Claire C. Cecchi on 4/18/12. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GLOBAL FORWARDING LTD.,

Civil Action No.: 11-3220 (CCC)

Plaintiff,
v.

ORDER

OU HOLDINGS LTD., STRATEGIC
MARKETING & MANAGEMENT
SERVICES, LLC., McLANE COMPANY
INC., WAL-MART STORES, INC., SAM’S
WEST, INC., AND SAM’S EAST, INC.,
Defendants.

THIS MATTER comes before the Court upon motion by Defendants OU Holdings Ltd. and
Strategic Marketing & Management Services, LLC. (collectively, “Defendants”) to dismiss Plaintiff
Global Forwarding Ltd.’s (“Plaintiff”) Complaint for improper service pursuant to Federal Rule of
Civil Procedure 12(b)(5), for lack of personal jurisdiction pursuant to Rule 12(b)(2), and failure to
state a claim pursuant to Rule 12(b)(6). [ECF No.15 .] On April 3, 2012, Magistrate Judge Joseph
A. Dickson issued a Report and Recommendation that the Court Deny Defendants’ motion to
dismiss and grant Plaintiff jurisdictional discovery. [ECF No. 36.] No objections have been filed
thereto. The Court has considered the submissions of the parties, and Judge Dickson’s Report and
Recommendation dated April 3, 2012, and for substantially the same reasons stated therein,
IT IS on this

18th day of April , 2012,

ORDERED that this Court adopts Judge Dickson’s April 3, 2012 Report and
Recommendation and thus Denies without prejudice Defendants’ motion to dismiss pending
discovery regarding whether the Court can properly exercise jurisdiction over Defendants.

s/ Claire C. Cecchi
HON. CLAIRE C. CECCHI
United States District Judge