Richmond v. Chrysler Group LLC, et al

Filing 16

ORDER: Adopting the Magistrate's Findings and Recommendation 9 . Defendant Sweeney's Motion to Dismiss 3 is Granted and Defendant Chrysler's Motion to Dismiss or Transfer for Improper Venue 5 is Denied. Signed on 3/10/17 by Judge Marco A. Hernandez. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON BETH RICHMOND, Personal Representative of the Estate of JASON RICHMOND, Deceased, No. 3:16-cv-01936-PK ORDER Plaintiff, v. CHRYSLER GROUP LLC, a Delaware Foreign limited liability company, and JAKE SWEENEY CHRYSLER JEEP DODGE, INC., an Ohio corporation, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Paul Papak issued a Findings & Recommendation [9] on December 2, 2016, recommending that Defendant Sweeney’s Motion to Dismiss for Lack of Personal Jurisdiction [3] be granted, and Defendant Chrysler’s Motion to Dismiss or Transfer for Improper Venue [5] be denied. Chrysler has timely filed objections [11] to the Findings & 1 – ORDER Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). When a party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered Defendant’s objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [11], and therefore, Defendant Sweeney’s Motion to Dismiss [3] is GRANTED, and Defendant Chrysler’s Motion to Dismiss or Transfer for Improper Venue [5] is DENIED. IT IS SO ORDERED. DATED this _______ day of ____________________, 2017. MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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