B/E Aerospace, Inc. v. Zodiac Aerospace et al

Filing 208

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 207 Report and Recommendations. This lawsuit, with its remaining claims against Defendants C&D Zodiac, Inc., Heath Tecna, Inc. Zodiac Seats US LLC, Northwest Aerospace Technologies, Inc. (d/b/a Zodiac Northwest Aerospace Technologies) will be transferred to the United States District Court for the Central District of California under 28 U.S.C. §1406(a). Signed by District Judge Rodney Gilstrap on 1/28/2019. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
B/E AEROSPACE, INC.,
Plaintiff,
v.
ZODIAC AEROSPACE, et al.,
Defendants.

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Case No. 2:16-cv-01417-JRG-RSP

ORDER
The above entitled and numbered civil action was referred to United States Magistrate
Judge Roy S. Payne pursuant to 28 U.S.C. § 636. Now before the Court is the Report &
Recommendation [Dkt. No. 207] by Magistrate Judge Payne, which recommends that (1)
Defendant Zodiac Aerospace’s motion to dismiss for lack of personal jurisdiction [Dkt. No. 42]
be granted, (2) Defendant Zodiac US Corp.’s motion to dismiss for lack of personal jurisdiction
[Dkt. No. 43] be granted, (3) all claims against Defendant Zodiac Aerospace and Zodiac US Corp.
be dismissed without prejudice, and (4) Defendants’ motion to transfer to the United States District
Court for the Central District of California [Dkt. No. 45] be granted, whereby this lawsuit, with its
remaining claims against Defendants C&D Zodiac, Inc., Heath Tecna, Inc. Zodiac Seats US LLC,
Northwest Aerospace Technologies, Inc. (d/b/a Zodiac Northwest Aerospace Technologies) would
be transferred to the United States District Court for the Central District of California under 28
U.S.C. §1406(a). No party has objected to the Report & Recommendation.
Having reviewed Magistrate Judge Payne’s report, Defendants’ motions, Plaintiff’s
responses and sur-replies to Defendants’ motions, the Court concludes Magistrate Judge Payne’s
Report & Recommendation is correct. The Report & Recommendation [Dkt. No. 207] is hereby

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ADOPTED. Accordingly, (1) Defendant Zodiac Aerospace’s motion to dismiss for lack of
personal jurisdiction [Dkt. No. 42] is GRANTED, (2) Defendant Zodiac US Corp.’s motion to
dismiss for lack of personal jurisdiction [Dkt. No. 43] is GRANTED, (3) all claims against
Defendant Zodiac Aerospace and Zodiac US Corp. are DISMISSED without prejudice, and (4)
Defendants’ motion to transfer to the United States District Court for the Central District of
California [Dkt. No. 45] is GRANTED, whereby this lawsuit, with its remaining claims against
Defendants C&D Zodiac, Inc., Heath Tecna, Inc. Zodiac Seats US LLC, Northwest Aerospace
Technologies, Inc. (d/b/a Zodiac Northwest Aerospace Technologies) will be transferred to the
United States District Court for the Central District of California under 28 U.S.C. §1406(a).

So Ordered this
Jan 28, 2019

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