HALLMARK INDUSTRIES, INC. v. HALLMARK LICENSING, LLC

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 7 Motion to Dismiss/Lack of Jurisdiction and transfer to the USDC FOR THE WESTERN DIST. OF MI filed by HALLMARK LICENSING, LLC, 16 Report and Recommendations ***CIVIL CASE TERMINATED. Signed by Judge Susan D. Wigenton on 3/23/18. (DD, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

HALLMARK INDUSTRIES, INC.,

Civil Action No. 17-4886 (SDW) (LDW)

Plaintiff,
v.

ORDER

HALLMARK LICENSING, LLC,
Defendant.

March 23, 2018

WIGENTON, District Judge.
Before this Court is the Report and Recommendation (“R&R”) issued on February 15,
2018 by Magistrate Judge Leda Dunn Wettre (“Judge Wettre”), recommending that Defendant’s
Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue be granted. (ECF No.
16.) Plaintiff Hallmark Industries, Inc. (“Plaintiff”) objected to the R&R on March 1, 2018;
Defendant Hallmark Licensing, LLC (“Defendant”) responded to Plaintiff’s objections on March
14, 2018. (ECF Nos. 17-18.)
Review of the R&R, as well as objections to it, are governed by Local Civil Rule 72.1,
which provides that the Court “shall make a de novo determination of those portions [of the report
and recommendation] to which objection is made and may accept, reject, or modify, in whole or
in part, the findings or recommendations made by the Magistrate Judge.” L. Civ. R. 72.1(c)(2);
see also Fed. R. Civ. P. 72(b)(3). This Court has reviewed the R&R and record in this matter, and
agrees with Judge Wettre’s analysis and conclusions, which are well-reasoned and supported by
the facts and law.

Notwithstanding the R&R, in the interest of justice, this suit will be transferred to the
United States District Court for the Western District of Missouri where Defendant maintains its
principal place of business. See 28 U.S.C. § 1631 (transfer to cure want of jurisdiction); see also
Harris v. SportBike Track Gear, No. 13-6527, 2015 WL 12839498, at *5 (D.N.J. June 8, 2015)
(“Upon a thorough review of this Circuit’s case law . . . it is clear that the Court may, should it
find it to be in the interest of justice, transfer under § 1631 when the Court lacks personal
jurisdiction.”).
Based on the foregoing, and for good cause shown, it is hereby
ORDERED that the R&R of Judge Wettre (ECF No. 16) is ADOPTED as the conclusions
of law of this Court; and it is further
ORDERED that this case be transferred to United States District Court for the Western
District of Missouri.
SO ORDERED.
s/ Susan D. Wigenton, U.S.D.J.
Orig: Clerk
cc:
Parties
Magistrate Judge Wettre