Ward et al v. Rhode et al

Filing 29

ORDER ADOPTING 28 Report and Recommendations; granting 7 Motion to Dismiss/Lack of Jurisdiction, filed by Pamela S. Rhode, Stephen Jeffrey Rhode; granting 16 Motion to Dismiss/Lack of Jurisdiction filed by Myvesta Foundation. The Complaint is DISMISSED without prejudice for lack of personal jurisdiction. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 09/27/12. cc:attys 9-27-12(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

LLOYD WARD, et al.

§

v.

§

STEPHEN JEFFREY RHODE, et al.

§

CIVIL ACTION NO. 6:11CV531

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contain her findings,
conclusions, and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (document #28) recommends that the Rule 12(b)
Motion to Dismiss for Lack of Personal Jurisdiction, for Improper Venue or Alternatively to Transfer
Venue and for Failure to State a Claim Upon Which Relief May be Granted and Alternatively,
Defendants’ Rule 12(e) Motion for More Definite Statement (document #7) and Defendant Myvesta
Foundation’s Rule 12(b) Motion to Dismiss for Lack of Personal Jurisdiction, for Improper Venue
or Alternatively to Transfer Venue and for Failure to State a Claim Upon Which Relief May be
Granted and Alternatively, Myvesta’s Rule 12(e) Motion for More Definite Statement (document
#16) be granted and that the complaint be dismissed without prejudice for lack of personal
jurisdiction pursuant to Fed.R.Civ.P. 12(b)(2). No written objections have been filed. The Court
therefore adopts the findings and conclusions of the Magistrate Judge as those of the Court.
In light of the foregoing, it is
ORDERED that the Rule 12(b) Motion to Dismiss for Lack of Personal Jurisdiction, for
Improper Venue or Alternatively to Transfer Venue and for Failure to State a Claim Upon Which

Page 1 of 2

Relief May be Granted and Alternatively, Defendants’ Rule 12(e) Motion for More Definite
Statement (document #7) and Defendant Myvesta Foundation’s Rule 12(b) Motion to Dismiss for
Lack of Personal Jurisdiction, for Improper Venue or Alternatively to Transfer Venue and for Failure
to State a Claim Upon Which Relief May be Granted and Alternatively, Myvesta’s Rule 12(e)
Motion for More Definite Statement (document #16) are GRANTED. It is further
ORDERED that the complaint is DISMISSED without prejudice for lack of personal
jurisdiction pursuant to Fed.R.Civ.P. 12(b)(2). It is finally
ORDERED that any motion not previously ruled on is DENIED.
So ORDERED and SIGNED this 27th day of September, 2012.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

N :\C iv il\R e fe rra ls \W a rd - O rd e r A d o p tin g R & R .w p d

Page 2 of 2