DSM Desotech, Inc. et al v. MOMENTIVE SPECIALTY CHEMICALS INC. et al

Filing 42

ORDER adopting 38 the Report and Recommendation; denying without prejudice 18 Momentive UV Coating's Motion to Dismiss for Lack of Jurisdiction; granting 23 Plaintiffs' Motion for Discovery. Signed by Judge Michael H. Watson on 12/14/15. (jk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

DSM Desotech, Inc., etal.,
Plaintiffs,
v.

Momentive Specialty
Chemicals, Inc., et a/.,

Case No. 2:15-cv-70

Judge Michael H. Watson
Magistrate Judge Deavers

Defendants.
ORDER

On November 24, 2015, Magistrate Judge Deavers issued a report and

recommendation ("R&R") regarding Momentive UV Coatings (Shanghai) Co.,
Ltd.'s ("MUV") motion to dismiss for lack of personal jurisdiction, Plaintiffs' motion

for leave to conduct jurisdictional discovery, and MUV's motion to stay discovery.
R&R, ECF No. 38. Magistrate Judge Deavers recommended that MUV's motion
to dismiss be denied without prejudice to renewal following jurisdictional

discovery, that Plaintiffs' motion for leave to conduct jurisdictional discovery be
granted, and that MUV's motion to stay be denied. Id. at 22-23. Magistrate
Judge Deavers further recommended that the Court set February 29, 2016 as the

deadline for completion of jurisdictional discovery and March 15, 2016 as the
deadline for MUV to file a renewed motion to dismiss. Id.

Magistrate Judge Deavers notified the parties of their right to file objections

to the R&R pursuant to 28 U.S.C. § 636(b)(1). Id. at 23. She also specifically

advised the parties that the failure to object to the R&R within fourteen days
would result in a waiver of both the right to de novo review by the District Judge
and the right to appeal the decision of the District Court adopting the R&R. Id.
The deadline for filing such objections has passed, and no objections were

filed. Having received no objections, the R&R is ADOPTED. MUV's motion to
dismiss, ECF No. 18, is DENIED WITHOUT PREJUDICE to renewal following
jurisdictional discovery. Plaintiffs' motion for leave to conduct jurisdictional

discovery, ECF No. 23, is GRANTED. MUV's motion to stay, ECF No. 30, is
DENIED. Additionally, discovery on the issue of personal jurisdiction must be
completed by February 29,2016, and MUV may file a renewed motion to

dismiss by March 15,2016.
IT IS SO ORDERED.

iPou^^]
ICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:15-cv-70

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