Opinion
Civil Action 4:22-CV-02310
07-18-2023
HIL-TECH, LLC, Plaintiff, v. SHREE MAHALAXMI INDUSTRIES, et al., Defendants.
ORDER
THE HONORABLE ALFRED H. BENNETT, UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Yvonne Y. Ho's Memorandum and Recommendation filed on July 3, 2023. Doc. #81. The deadline for filing objections has passed, and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Memorandum and Recommendation for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, the Court adopts the Memorandum and Recommendation in its entirety.
Accordingly, Defendant Alfa Laval AB's Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #72), Plaintiffs related Motion for Extension of Time to Respond (Doc. #77), and Plaintiffs Motion for Discovery and Evidentiary Hearing (Doc. #78) are DENIED as MOOT pursuant to Plaintiffs self-executing Notice of Voluntary Dismissal (Doc. #80). Moreover, Defendant Alfa Laval India Pvt. Ltd.'s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #50) is GRANTED, Plaintiffs Motion for Extension to time to file Response (Doc. #59) is DENIED, and Plaintiffs related Motion for Jurisdictional Discovery and Evidentiary Hearing (Doc. #60) is DENIED. Plaintiffs claims against Defendant Alfa Laval India Pvt. Ltd. are DISMISSED without prejudice for lack of personal jurisdiction. Additionally, Defendants Alfa Laval Inc., Alfa Laval Separation Inc., and Alfa Laval USA Inc.'s Motion for Leave to file Motion to Strike (Doc. #47) is DENIED as MOOT.
Lastly, per Judge Ho's Memorandum and Recommendation (Doc. #81), Defendant Seaboard Foods Service Inc.'s Motion to Dismiss (Doc. #49) is GRANTED. Plaintiffs Motion for Leave to Amend its Complaint (Doc. #53) is GRANTED IN PART with respect to its claim against Defendant Seaboard Foods Service Inc. for breach of express indemnity agreement and DENIED IN PART with respect to Plaintiffs other claims. Doc. #81 at 36. Plaintiffs Request for an Indefinite Extension to Amend (Doc. #52) is DENIED-Plaintiff must amend its pleading by July 30, 2023.
For clarity, Plaintiffs claims against Defendant Shree Mahalaxmi Industries, and its soon-to-be-amended claim against Seaboard Foods Service Inc. for breach of an indemnity agreement remain pending.
It is so ORDERED.