Duru v. Berkshire Hathaway Home Services et al

Filing 45

Order Accepting Findings and Recommendations re: 44 Findings and Recommendations, granting 41 Motion to Dismiss filed by Kaiser Permanente Georgia, denying as moot Motion re: 36 Motion to Dismiss/Lack of Jurisdiction, Dismiss for Failure to State a Claim. (Ordered by Judge Sam A Lindsay on 1/20/2016) (mem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROSE ADAMA DURU,
Plaintiff,
v.
BERKSHIRE HATHAWAY HOME
SERVICES, et al.,
Defendants.

§
§
§
§
§
§
§
§
§
§

Civil Action No. 3:15-CV-324-L

ORDER
This case was referred to Magistrate Judge David L. Horan, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on November
25, 2015, recommending that the court grant Defendant Kaiser Foundation Health Plan of Georgia,
Inc.’s Motion to Dismiss (Doc. 41), filed September 23, 2015, and dismiss without prejudice for lack
of personal jurisdiction, Plaintiff’s claims against Kaiser Foundation Health Plan of Georgia, Inc.,
which Plaintiff refers to as “Kaiser Permanente Georgia.* The magistrate judge further recommends
that the court deny as moot the Motion to Dismiss for Lack of Personal Jurisdiction and Failure to
State a Claim Against Kaiser Permanente Georgia (Doc. 36), filed August 31, 2015. No objections
to the Report were filed.
After reviewing the motions, pleadings, file, record, and the findings and conclusions of the
magistrate judge, the court determines that the findings and conclusions of the magistrate judge are
correct, and accepts them as those of the court. Accordingly, the court grants Defendant Kaiser

*

All claims against remaining Defendants in this case were dismissed without prejudice on August 6, 2015,
pursuant to Federal Rule of Civil Procedure 12(b)(5) for insufficient service of process.
Order – Page 1

Foundation Health Plan of Georgia, Inc.’s Motion to Dismiss (Doc. 41), filed September 23, 2015,
and dismisses without prejudice for lack of personal jurisdiction Plaintiff’s claims against Kaiser
Foundation Health Plan of Georgia, Inc. Having determined that the court lacks personal jurisdiction
over Kaiser Foundation Health Plan of Georgia, Inc., the court need not consider the alternate
grounds for dismissal under Rules 12(b)(5) and (6) that were raised in the Motion to Dismiss (Doc.
41). The court’s determination regarding Kaiser Foundation Health Plan of Georgia, Inc.’s Motion
to Dismiss (Doc. 41) also moots the Motion to Dismiss for Lack of Personal Jurisdiction and Failure
to State a Claim Against Kaiser Permanente Georgia (Doc. 36), which the court denies as moot.
It is so ordered this 20th day of January, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2