WOTRING v. STOUGHTON et al
Filing
29
ORDER adopting Report and Recommendations re 26 Report and Recommendations.; granting 15 Motion to Dismiss. 15 Defendants' motion to dismiss for lack of personal jurisdiction is GRANTED and this case is TRANSFERRED forthwith to the Unit ed States District Court for the Southern District of Ohio, Cincinnati Division. IT IS FURTHER ORDERED that 26 Report and Recommendation of Magistrate Judge Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court. Signed by Chief Judge Joy Flowers Conti on 9/22/2016. (smc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH
BLAKE R. WOTRING,
Plaintiff,
vs.
THOMAS STOUGHTON, JOHN LALLY,
MARK ROBERTS, SEKUWORKS, LLC,
Defendants,
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2:15-CV-01710-JFC
MEMORANDUM ORDER
CONTI, Chief District Judge.
The present action was removed to this court on December 29, 2015. The case was
referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in
accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(1) and Local Rules of Court 72.C
and 72.D. The defendants moved to dismiss the complaint for lack of personal jurisdiction and
failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(2), (6). The magistrate
judge’s report and recommendation filed August 29, 2016 recommended that the defendant’s
motion be granted insofar as the court does not have personal jurisdiction over defendants
Thomas Stoughton, John Lally and Mark Roberts and further recommended that the case be
transferred to the United States District Court for the Southern District of Ohio. Rep. and Rec.
[ECF No. 26]. Service of the Report and Recommendation was made on all parties. The parties
were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and
(C), and Local Rule of Court 72.D.2 they had until September 12, 2016 to file any objections,
and the parties were subsequently granted an extension of time to file objections by September
18, 2016. As of this date, no objections have been filed.
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Accordingly, after a de novo review of the pleadings and documents in this case, together
with the Report and Recommendation, the following Order is entered:
AND NOW, this 22nd day of September, 2016, IT IS HEREBY ORDERED that
defendants’ motion to dismiss for lack of personal jurisdiction [ECF No. 15] is GRANTED and
this case is TRANSFERRED forthwith to the United States District Court for the Southern
District of Ohio, Cincinnati Division.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 26] of
Magistrate Judge Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court.
By the court,
/s/ Joy Flowers Conti
The Honorable Joy Flowers Conti
United States Chief District Judge
cc:
The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
Counsel of record via CM-ECF
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