Opinion
No. C-06-7067 MMC.
June 4, 2007
Before the Court are four separate motions, each filed January 29, 2007, to dismiss, respectively, defendants Rodolfo Diaz, Warren Rother, Robert Cozzolina, and Luis Ortega, for lack of personal jurisdiction. Plaintiff MMCA Group, Ltd. has filed a single consolidated opposition to the motions; the moving defendants have filed separate replies. Having considered the papers filed in support of and in opposition to the motions, the Court finds the matters appropriate for resolution without oral argument, hereby VACATES the June 8, 2007 hearing, and rules as follows.
For the reasons set forth by defendants, and for the reasons set forth by Magistrate Judge Edward Chen in his order of May 8, 2007 denying plaintiff's motion for leave to take jurisdictional discovery, plaintiff has failed to set forth a prima facie case of personal jurisdiction with respect to any of the moving defendants. See Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004) (internal quotation and citation omitted) (holding where "motion is based on written materials rather than an evidentiary hearing, the plaintiff need only make a prima facie showing of jurisdictional facts").
Accordingly, the motions to dismiss are hereby GRANTED, and all claims asserted against defendants Rodolfo Diaz, Warren Rother, Robert Cozzolina, and Luis Ortega, are hereby DISMISSED.
Plaintiff's request, in its opposition, for leave to amend its claims against such defendants is hereby DENIED, as plaintiff has not set forth any facts, with respect to any of such defendants, that would cure the above-noted deficiency.
This order terminates Docket Nos. 38, 42, 46, and 50.