Opinion
Civil Action No. 3:01-CV-1532-M
June 20, 2002
ORDER
After making an independent review of the pleadings, files, and records in this case, and the Findings and Recommendation of United States Magistrate Judge Jeff Kaplan, filed on March 12, 2002, on F. Robert Esty, Jr., Victor Bauer, Jack Miller, James Perez, Jeanine Matone, Daniel Kilcoyne, Shawn P. Kilcoyne, and Daniel Dopko's Motion to Dismiss Dippin' Dots, Inc.'s counterclaim for lack of personal jurisdiction, this Court is of the opinion that the Findings and Recommendation of the Magistrate Judge are correct and they are accepted as the findings and conclusions of this Court, except with regard to James Perez and Jeanine Matone, who have waived their jurisdictional challenge and entered into Consent Decrees with Dippin' Dots.
In accordance with the Magistrate Judge's Recommendation, Counterclaim Defendants F. Robert Esty, Jr., Victor Bauer, Jack Miller, Daniel Kilcoyne, Shawn P. Kilcoyne, and Daniel Dopko are hereby DISMISSED with prejudice for lack of personal jurisdiction.