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Rescuecom Corp. v. Chumley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 21, 2007

RESCUECOM CORPORATION, PLAINTIFF,
v.
JONATHAN CHUMLEY; AND OSI CONSULTING, LLC, DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, S.J.

DECISION & ORDER

Presently before the Court is Magistrate Judge George H. Lowe's November 2, 2007 Report-Recommendation in which he recommends that Plaintiff's motion for remand (Dkt. No. 13; see also Docket Minute Entry for 7/18/07) be denied; that Defendants' cross-motion to dismiss for lack of personal jurisdiction, or in the alternative, to transfer this action to the Western District of Louisiana (Dkt. Nos. 18-19) be denied and that Defendants' alternative cross-motion to compel arbitration pursuant to the parties' Franchise Agreement (Dkt. Nos. 18- 19) be DENIED without prejudice pursuant to 28 U.S.C.§ 636(b)(1), and the Court having reviewed the Report-Recommendation and the entire file in this matter and no objections to said Report-Recommendation having been filed, the Court hereby

ORDERS, that the Report-Recommendation filed by Magistrate Judge George H. Lowe on November 2, 2007 is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further

ORDERS, that Plaintiff's motion for remand (Dkt. No. 13; see also Docket Minute Entry for 7/18/07) is DENIED; that Defendants' cross-motion to dismiss for lack of personal jurisdiction, or in the alternative, to transfer this action to the Western District of Louisiana (Dkt. Nos. 18-19) is DENIED and that Defendants' alternative cross-motion to compel arbitration pursuant to the parties' Franchise Agreement (Dkt. Nos. 18-19) is DENIED WITHOUT PREJUDICE pursuant to 28 U.S.C.§ 636(b)(1).

IT IS SO ORDERED.

20071121

© 1992-2007 VersusLaw Inc.



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