Opinion
Case No. 15-cv-12694
04-02-2019
GRAMMER INDUSTRIES, INC., Plaintiff, v. BEACH MOLD AND TOOL, INC. et al., Defendants.
R. Steven Whalen United States Magistrate Judge
ORDER ADOPTING MAGISTRATE JUDGE WHALEN'S MARCH 14, 2019 REPORT AND RECOMMENDATION (ECF NO. 168) AND GRANTING CERTAIN DEFENDANTS/CROSS-DEFENDANTS' MOTION TO DISMISS (ECF NO. 102)
On March 14, 2019, Magistrate Judge R. Steven Whalen issued a Report and Recommendation (ECF No. 168) to GRANT Defendants/Cross-Defendants Beachmold Mexico, S. de R.L. de C.V. ("Beachmold Mexico"), Plastic Injection Operating Company of Mexico, LLC ("PIO"), and Plastic Injection Holding Company of Mexico, LLC, n/k/a iP3 North America, LLC ("iP3")'s Motion to Dismiss (ECF No. 102). Having reviewed the Report and Recommendation and there being no timely objections filed with the Court under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the Report and Recommendation and GRANTS the Motion to Dismiss (ECF No. 102) and DISMISSES WITHOUT PREJUDICE Beachmold Mexico, PIO, and iP3 for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2). See Interra Corp. v. Henderson, 428 F.3d 605, 620 (6th Cir. 2005) (holding that "dismissals for lack of personal jurisdiction should be made without prejudice," citing Fed. R. Civ. P. 41(b)). IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE Dated: April 2, 2019