DZIELAK et al v. WHIRLPOOL CORPORATION et al

Filing 304

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 302 Report and Recommendations in its entirety and it is further Ordered that Defendant whirlpool's motion to dismiss for lack of jurisdiction (D.E. 292)is DENIED.. Signed by Judge Kevin McNulty on 1/8/2019. (JB, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CHARLENE DZIELAK, SHELLEY BAKER,
FRANCIS ANGELONE, BRIAN MAXWELL,
JEFFERY REID, KARl PARSONS,
CHARLES BEYER, JONATHAN COHEN,
JENNIFER SCHRAMM, and ASPASIA
CHRISTY on behalf of themselves and all
others similarly situated,

Civ. No. 2:12-89 (KM)(JBC)

ORDER

Plaintiffs,
v.
WHIRLPOOL CORPORATION, SEARS
HOLDINGS CORPORATION, THE HOME
DEPOT, INC., FRY’S ELECTRONICS,
INC., APPLIANCE RECYCLING CENTERS
OF AMERICA, INC., and LOWE’S HOME
CENTER, LLC,
Defendants.

THIS MATTER having come before the Court on the motion to dismiss
for lack of jurisdiction filed by defendant Whirlpool Corporation (DE 294); and
Magistrate Judge James B. Clark having filed a Report and Recommendation
(“R&R”) dated December 21, 2018 (DE 302) that the motion be denied; and this
Court having conducting an independent review of defendant Whirlpool
Corporation’s (“Whirlpool”) motion to dismiss for lack of personal jurisdiction
(DE 294), plaintiffs’ opposition (DE 25), and Whirlpool’s reply (DE 296); and it
appearing that the 14-day deadline has passed with no party having filed an
objection to the R&R;
IT IS this 8th day of January 2019,

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ORDERED that this Court adopts and affirms Magistrate Judge Clark’s

R&R (DE 302) in its entirety; and
IT IS FURTHER ORDERED that defendant Whirlpool’s motion to

dismiss for lack of jurisdiction (DE 292) is DENIED.

Kevin McNulty
United States District Judge

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