Summary
finding that personal jurisdiction was proper in a similar case brought by this same Plaintiff against a different defendant accused of copyright infringement
Summary of this case from Grady v. NelsonOpinion
Civil Action No. 13-cv-00752-REB-BNB
02-10-2014
JAMES S. GRADY, d/b/a Group Five Photosports, Plaintiff, v. EVAN BRODERSEN, a/k/a EFAN BRUDER, and JOHN DOES 1-5, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following:(1) the Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue [#17] filed May 6, 2013; and (2) the Recommendation of United States Magistrate Judge [#33] filed January 10, 2014. I approve and adopt the recommendation and deny the motion to dismiss.
"[#17]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
No objections to the recommendation were filed. Thus, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the recommendation of the magistrate judge, I find and conclude that the recommendation should be approved and adopted as an order of this court.
The defendant, Evan Brodersen, argues in his motion to dismiss that this court does not have personal jurisdiction over him. In the recommendation, the magistrate judge analyzes the applicable law and the current record in this case. The magistrate judge concludes, correctly, that the plaintiff has met his burden of making a prima facie showing of facts which, if true, support the exercise of personal jurisdiction over the defendant.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#33] filed January 10, 2014, is APPROVED and ADOPTED as an order of this court; and
2. That the Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue [#17] filed May 6, 2013, is DENIED.
Dated February 10, 2014, at Denver, Colorado.
BY THE COURT:
________________
Robert E. Blackburn
United States District Judge