Opinion
Case No. 3:06-cv-261-J-32MCR.
May 24, 2006
ORDER
This case is before the Court on Defendant A to Z Express of NH, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 3), to which the plaintiff filed a response in opposition (Doc. 7). At the undersigned's request, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 10), which recommends that the motion to dismiss be denied. Defendant filed objections to the Report and Recommendation (Doc. 11) and the plaintiff filed a response (Doc. 14). Contrary to defendant's objection, the Magistrate Judge has made no liability findings in the Report and Recommendation. He has simply concluded that the allegations of the complaint, combined with the plaintiff's jurisdictional evidence, are sufficient to establish personal jurisdiction over defendant. Upon independent review, the undersigned agrees. It is hereby
ORDERED:
1. Defendant A to Z Express of NH, Inc.'s Objections to the Report and Recommendation (Doc. 11) are OVERRULED and the Report and Recommendation issued by the Magistrate Judge (Doc. 10), as supplemented by this Order, is ADOPTED as the opinion of the Court.
2. Defendant A to Z Express of NH, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 3) is DENIED.
3. Defendant must answer the complaint by June 16, 2006.
DONE AND ORDERED.