Summary
holding that notarized return of service established prima facie showing of proper service when defendant failed to provide any evidence to the contrary
Summary of this case from Centrinex, LLC v. Darkstar Group, Ltd.Opinion
Civil Action No. 09-cv-00309-MSK-KMT
06-22-2012
SUZANNE SHELL, Plaintiff, v. AMERICAN FAMILY RIGHTS ASSOCIATION, LEONARD HENDERSON, FAMILIES AT RISK DEFENSE ALLIANCE, FRANCINE RENEE CYGAN, MARK CYGAN, ILLINOIS FAMILY ADVOCACY COALITION, GEORGIA FAMILY RIGHTS, INC., NATIONAL ASSOCIATION OF FAMILY ADVOCATES, CONNECTICUT DCF WATCH, BRENDA SWALLOW, RANDALL BLAIR, and UNKNOWN DEFENDANTS DOE 1-15, Defendants.
Magistrate Judge Kathleen M. Tafoya
ORDER
This matter is before the court on Plaintiff's "Motion for Order Reinstating Thomas Dutkiewicz as a Defendant" (Doc. No. 541, filed January 31, 2012). Thomas Dutkiewicz filed his response on February 6, 2012 (Doc. No. 554), and Plaintiff filed her reply on February 19, 2012 (Doc. No. 578). The motion is ripe for ruling.
Plaintiff named Thomas Dutkiewicz as a defendant in this matter. (Doc. No. 1.) Mr. Dutkiewicz filed a Motion to Dismiss and Quash Service of Summons for Lack of Personal Jurisdiction (Doc. No. 66), which District Judge Marcia S. Krieger granted on March 31, 2010 (Doc. No. 397). Plaintiff now seeks to have Mr. Dutkiewicz reinstated as a defendant because he filed an amicus curiae brief on January 26, 2012 (Doc. No. 532).
In her Opinion and Order Granting and Denying Motions to Dismiss, Judge Krieger found that Mr. Dutkiewicz did not have the "requisite 'continuous and systematic general business contacts' with Colorado necessary to subject [him] to general jurisdiction in Colorado." (Doc. No. 397 at 15-16.) Judge Krieger also found that Mr. Dutkiewicz had not "undertaken actions within or directed at Colorado sufficient to subject [him or the agent,] CPS Watch to jurisdiction here." (Id. at 20.) Mr. Dutkiewicz's filing of an amicus curiae brief in this matter does not change Judge Krieger's analysis in this regard.
Therefore, it is
ORDERED that Plaintiff's "Motion for Order Reinstating Thomas Dutkiewicz as a Defendant" (Doc. No. 541) is DENIED.
BY THE COURT:
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Kathleen M. Tafoya
United States Magistrate Judge