STEINFIELD et al v. EMPG INTERNATIONAL, LLC et al

Filing 23

ORDER THAT THE MOTION TO DISMISS (DOC. NO. 7) IS DENIED. THE CLERK OF COURT IS HEREBY DIRECTED TO TRANSFER THIS ACTION TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. THE DEFENDANTS, FERNANDO GUEVARA BEDOYA, MARIO CORDERO, DES TINO TROPICAL DT S.A., AND JOSE ESPINOZA, ARE DISMISSED WITHOUT PREJUDICE UNDER RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE FOR THE PLAINTIFFS' FAILURE TO SERVE THESE DEFENDANTS WITHIN 120 DAYS OF THE FILING THE COMPLAINT AND THE ABSENCE OF A SHOWING OF GOOD CAUSE FOR THIS FAILURE TO SERVE. THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/19/15. 3/19/15 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SANDRA STEINFIELD and
PAUL STEINFIELD, h/w,
Plaintiffs,
v.
EmPG INTERNATIONAL, LLC, MARIO
CORDERO, DESTINO TROPICAL
DT S.A., MARIO CORDERO,
FERNANDO GUEVARA BEDOYA,
JOSE ESPINOZA, JOHN DOES (1-10)
fictitiously named presently unidentified
individuals, and ABC CORPORATIONS
(1-10) fictitiously named presently
unidentified business entities, to be
more specifically identified once
revealed in discovery,
Defendants.

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CIVIL ACTION NO. 14-944

ORDER
AND NOW, this 19th day of March, 2015, after considering the motion to dismiss the
complaint filed by the defendant, EmPG International, LLC (Doc. No. 7), the response to the
motion filed by the plaintiffs, Sandra Steinfield and Paul Steinfield (Doc. No. 13), the
defendant’s reply (Doc. No. 14), and the joint stipulation of facts with respect to jurisdiction
(Doc. No. 17); and the court having also considered the plaintiffs’ response to the order to show
cause (Doc. No. 18); and after hearing oral argument on the motion to dismiss and the order to
show cause; and for the reasons set forth in the accompanying memorandum opinion, it is hereby
ORDERED as follows:
1.

The motion to dismiss (Doc. No. 7) is DENIED;

2.

The Clerk of Court is hereby directed to TRANSFER this action to the United

States District Court for the District of Colorado;
3.

The defendants, Fernando Guevara Bedoya, Mario Cordero, Destino Tropical DT

S.A., and Jose Espinoza, are DISMISSED WITHOUT PREJUDICE under Rule 4(m) of the
Federal Rules of Civil Procedure for the plaintiffs’ failure to serve these defendants within 120
days of the filing the complaint and the absence of a showing of good cause for this failure to
serve; and
4.

The Clerk of Court shall mark this case as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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