Summary
declining to find that non-resident defendant consented to personal jurisdiction for all causes of action relating to an agreement simply because the agreement included a clause requiring the parties to arbitrate disputes in San Francisco
Summary of this case from Nimbus Data Systems, Inc. v. Modus LLCOpinion
Case No. 12-02279 SC
12-10-2012
SCOTT FOSTER, Plaintiff, v. DEVICE PARTNERS INTERNATIONAL LLC, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING MOTION
FOR DEFAULT JUDGMENT, AND DISMISSING CASE WITHOUT PREJUDICE
On November 21, 2012, Judge Donna Ryu reassigned the above-captioned matter to the undersigned and issued a Report and Recommendation, recommending that the Court deny Plaintiff's motion for default judgment and dismiss this case without prejudice for lack of personal jurisdiction. ECF No. 15 ("R&R"). Plaintiff timely filed his objections to the R&R on December 5, 2012. ECF No. 18. Having reviewed the R&R and Plaintiff's objections to it, the Court finds the R&R to be correct, well-reasoned, and thorough. Accordingly, the Court adopts it in every respect. Plaintiff's motion for default judgment is DENIED and this action is DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE