Summary
finding no abuse of discretion in district court's determination to dismiss plaintiffs' claims, without prejudice, against remaining defendants rather than transferring the case under Section 1406
Summary of this case from Banks v. PivnichnyOpinion
No. 11-10836 D.C. Docket No. 9:10-cv-81021-DTKH
08-05-2011
WILLIAM BROWNSBERGER, ANDREW SMILLIE, Plaintiffs - Appellants, v. NEXTERA ENERGY, INC., NEXTERA ENERGY RESOURCES, LLC, GEXA ENERGY, LP, GEXA ENERGY HOLDINGS, LLC, GEXA ENERGY, GP, LLC, Defendants - Appellees.
[DO NOT PUBLISH]
Non-Argument Calendar
Appeal from the United States District Court
for the Southern District of Florida
Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges. PERCURIAM:
The plaintiffs appeal the January 19, 2011 order of the district court dismissing without prejudice defendant Gexa Texas for lack of personal jurisdiction, and, in the exercise of the discretion afforded the court under 28 U.S.C. § 1406(a), declining to transfer the case against the remaining defendants to the Northern District of Texas. Instead, as § 1406(a) provides, the court dismissed plaintiffs' claims against those defendants without prejudice to their right to refile the claims in an appropriate forum.
We find no error in the district court's determination that it lacked personal jurisdiction over the claims against Gexa Texas and no abuse of discretion in the court's decision to dismiss the claims against the remaining defendants under § 1406(a).
AFFIRMED.