Opinion
Civil Action 3:22-cv-00157
01-04-2023
CAROL KRAEMER, v. RCLOFT, LLC, et al.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
JEFFREY VINCENT BROWN, UNITED STATES DISTRICT JUDGE.
On September 12, 2022, the court referred all pretrial matters in this case to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(A)-(B). See Dkt. 31. Judge Edison filed a memorandum and recommendation on December 9, 2022, recommending that defendant Calco, LLC's motion to dismiss due to a lack of personal jurisdiction, Dkt. 17, be granted. See Dkt. 37. Separately, Judge Edison filed a memorandum and recommendation on December 19, 2022, recommending that Defendant Cassandra A. Lapaseotes's motion to dismiss for failure to state a claim, Dkt. 18, be granted. See Dkt. 38.
No objections have been filed to either memorandum and recommendation. Accordingly, the court reviews them both for plain error on the face of the record. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the court finds that there is no plain error apparent from the face of the record. Accordingly:
(1) Judge Edison's memorandum and recommendation, Dkt. 37, is approved and adopted in its entirety as the holding of the court;
(2) Judge Edison's memorandum and recommendation, Dkt. 38, is approved and adopted in its entirety as the holding of the court;
(3) Calco, LLC's motion to dismiss due to a lack of personal jurisdiction, Dkt. 17, is granted;
(4) Lapaseotes's motion to dismiss for failure to state a claim, Dkt. 18, is granted; and
(5) Calco, LLC's motion to dismiss due to plaintiff failing to state a claim upon which relief can be granted, Dkt. 19, is denied a moot.