Opinion
Case No. 6:11-cv-72-Orl-28KRS.
September 7, 2011
ORDER
This case is before the Court on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Doc. No. 9) filed January 24, 2011. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part. At the time of the report, there were nine Defendants. The R R reports that Plaintiff stipulated at the evidentiary hearing that it had not carried its burden of showing that this Court could exercise personal jurisdiction over Defendants Amy Fehrenbacher and John Lacart (Doc. 49, p. 9). The Magistrate Judge found that Plaintiff had not sustained its burden as to personal jurisdiction over Defendant United Title of Illinois, Inc. (Doc. 49, p. 12). On August 1, 2011, Plaintiff filed a Notice of Voluntary Dismissal of its claims against Defendants Amy Fehrenbacher, John Lacart, and United Title of Illinois, Inc. (Doc. 50). The R R finds that the Court can exercise personal jurisdiction over the remaining Defendants (Doc. 49, p. 11).
Report and Recommendation (Doc. No. 49) issued on July 27, 2011 ("R R").
On a forum non conveniens analysis, however, the R R points out that none of the parties are residents of the Middle District of Florida, and that no activities took place in the Middle District of Florida other than a possible meeting in Tampa. (Doc. 49, p. 14, 15). Further, Plaintiff consented to exercise of jurisdiction in Illinois in the joint venture agreements it entered into with Defendants. (Doc. 49, p. 15). On the above facts and forum non conveniens analysis, the R R recommends transfer of this case to the Northern District of Illinois. Alternatively, the R R recommends dismissing the three Defendants over whom the Court does not have personal jurisdiction and deny the Motion to Dismiss in all other respects.
The Court has conducted an independent de novo review of the record in this matter, and considered the Objection to Certain Findings of Fact Contained in Magistrate's Report and Recommendation dated July 27, 2011 ("Objection") filed by the remaining Defendants (Doc. 51). The Objection does not dispute the recommendation but rather certain findings of fact. The Court overrules the Objection. The Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation to the extent that this Court does not have personal jurisdiction over the Defendants dismissed by Plaintiff and that a transfer under 28 U.S.C. § 1404(a) is appropriate. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed July 27, 2011 (Doc. No. 49) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff having dismissed the three Defendants over which this Court did not have personal jurisdiction (Doc. 50), Defendants' Motion to Dismiss for Lack of Personal Jurisdiction is DENIED.
3. Defendants' Motion to Dismiss for Improper Venue is DENIED to the extent that the case will not be dismissed. This case is transferred to the United States District Court for the Northern District of Illinois.
4. The Clerk of the Court is directed to transfer this case as instructed above and to then close this file.
DONE and ORDERED in Chambers, Orlando, Florida.