Summary
holding that jurisdiction over a California company was proper where the defendant had entered into a contract with an Ohio company, performed its obligations under the contract for over two years, and executed two promissory notes in favor of the plaintiff
Summary of this case from Marrik Dish Co. v. Wilkinson CGR Cahaba Lakes, LLCOpinion
C-1-09-758
09-14-2011
THE UNION CENTRAL LIFE INSURANCE COMPANY, Plaintiff v. ANDRAOS CAPITAL MANAGEMENT & INSURANCE SERVICES, INC., d/b/a ANDRAOS CAPITAL MANAGEMENT, et al., Defendants
This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 59), plaintiffs objection (doc. no. 61) and defendants' reply (doc. no. 62). The Magistrate Judge recommended that plaintiffs Motion for Partial Summary Judgment (doc. no. 41) be denied and that plaintiffs' Motion to Dismiss certain counterclaims brought by defendant Andraos (doc. no. 52) be denied without prejudice.
Upon a de novo review of the record, especially in light of plaintiffs objections, the Court finds that plaintiff's objections have either been adequately addressed and properly disposed of by the Judge or present no particularized arguments that warrant specific responses by this Court. The Court finds that the Magistrate Judge has accurately set forth the controlling principles of law and properly applied them to the particular facts of this case and agrees with the Judge.
Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (doc. no. 59). Plaintiff's Motion for Partial Summary Judgment (doc. no. 41) is DENIED. Plaintiff's Motion to Dismiss certain Counterclaims brought by defendant Andraos (doc. 52) is DENIED without prejudice.
Parties are advised that Trial in this matter is RESCHEDULED to the February 2012 trial term. Counsel shall file their Joint Final Pretrial Order on or before January 6, 2012.
This matter is RECOMMITTED to the United States Magistrate for further proceedings according to law.
IT IS SO ORDERED.
Herman J. Weber, Senior Judge
United States District Court