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United States Welding, Inc. v. Tecsys, Inc.

United States District Court, District of Colorado

November 7, 2014

UNITES STATES WELDING, INC., a Colorado corporation, Plaintiff,
v.
TECSYS, INC., a Canadian corporation, Defendant.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Robert E. Blackburn, United States District Judge

The matters before me are (1) Defendant Tecsys, Inc.’s Motion To Dismiss Plaintiff’s Complaint and Motion To Strike [#14][1] filed May 6, 2014; and (2) the corresponding Recommendation of United States Magistrate Judge [#29] filed July 9, 2014. No objections having been filed to the recommendation, 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 magistrate judge’s recommended disposition, I find and conclude that recommendation should be approved and adopted.

The motion to dismiss concerns primarily defective service of process on the defendant. The magistrate judge recommends that the motion be granted in part to the extent the defendant asks that the attempted service of the defendant be quashed. Subsequently, the defendant was served properly. To the extent other issues are raised in the motion to dismiss, the magistrate judge recommends appropriately that the motion be denied without prejudice.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#29] filed July 9, 2014, is APPROVED and ADOPTED as an order of this court;

2. That Defendant Tecsys, Inc.’s Motion To Dismiss Plaintiff’s Complaint and Motion To Strike [#14] filed May 6, 2014, is GRANTED in part;

3. That the service reflected in the Affidavit of Service [#9] filed by the plaintiff is QUASHED; and

4. That otherwise, Defendant Tecsys, Inc.’s Motion To Dismiss Plaintiff’s Complaint and Motion To Strike [#14] filed May 6, 2014, is DENIED without prejudice.


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