HARRIS et al v. SPORTBIKE TRACK GEAR et al

Filing 60

ORDER - The Report and Recommendation of Judge Dickson (ECF No. 58 ) is hereby ADOPTED as the findings of fact and conclusions of law of this Court; Planet-Knox Ltd.'s motion to dismiss (ECF No. 27 ) is DENIED without prejudice; This matter is hereby transferred to the Eastern District of Michigan pursuant to 28 U.S.C. 1631. ***CIVIL CASE TERMINATED. Signed by Judge Jose L. Linares on 9/24/2015. (anr)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HARRIS et al.,
Civil Action No. 13-6527 (JLL) (JAD)
Plaintiffs,
v.

ORDER

SPORTBIKE TRACK GEAR et al.,
Defendants

This matter comes before the Court by way of a Report and Recommendation
(“R&R”) of Magistrate Judge Joseph A. Dickson (ECF No. 58) recommending that
Defendant Planet-Knox Ltd.’s motion to dismiss based on lack of personal jurisdiction be
denied without prejudice, and also recommending that the matter be transferred to the
Eastern District of Michigan pursuant to 28 U.S.C.

§ 1631. Judge Dickson’s R&R was

originally filed on October 1, 2014 (ECF No. 40). At the request of the parties, due to
ongoing settlement discussions, the period for objections was stayed. (See ECF Nos. 41,
42.) Subsequent to settlement discussions and conferences with Judge Dickson, PlantKnox sought to file a motion for reconsideration of Judge Dickson’s R&R. That request
was granted, and on June 8, 2015, Judge Dickson denied Planet-Knox’s motion for
reconsideration. (ECF No. 57.) Because a formal period for objections had not been
scheduled due to the prior party-requested stay, Judge Dickson re-filed his original R&R
on September 8, 2015 (ECF No. 58) and ordered that “[t]he parties shall file any
objections (regardless of whether those objections were at issue in connection with [the]
motion for reconsideration), on or before September 22, 2015.” (ECF No. 59.) No

objections to Judge Dickson’s R&R were filed by September 22, 2015. As no objections
were filed, the Court has not conducted a de novo review of the R&R. This Court has
reviewed Judge Dickson’s R&R, and adopts his recommendations. Accordingly,
IT IS on this ‘Sday of September, 2015,

ORDERED that the Report and Recommendation of Judge Dickson (ECF No.
58) is hereby ADOPTED as the findings of fact and conclusions of law of this Court; and
it is further
ORDERED that Planet-Knox Ltd.’s motion to dismiss (ECF No. 27) is DENIED

without prejudice; and it is further
ORDERED that this matter is hereby transferred to the Eastern District of
Michigan pursuant to 28 U.S.C.

§ 1631.

IT IS SO ORDERED.

L.”TINARES
/U’S. DISTRICT JUDGE

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