Birzer

Birzer v. Jockey's Guild, Inc.

Good Law

444 F. Supp. 2d 1005·2006 WL 2289239·2006 U.S. Dist. LEXIS 75412

United States District Court, Central District of CaliforniaJune 29, 2006CV05-8193SJO (SSX)California3,227 words

Opinion

Otero, J.

ORDER GRANTING THIRD-PARTY DEFENDANTS MOUNTAINEER PARK INC. AND MTR GAMING GROUP INC.’S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION PURSUANT TO RULE 12(b)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE

This matter is before the Court on Third-Party Defendants Mountaineer Park, Inc. and MTR Gaming Group, Inc.’s Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. (Third-Party Defs.’ Mot. to Dismiss for Lack of Personal Jurisdiction.) Having considered the arguments raised in the briefs, the Court deemed the matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78. Accordingly, the hearing was taken off-calendar. For the reasons stated below, Third-Party Defendants Mountaineer Park, Inc. and MTR Gaming Group, Inc.’s Motion is hereby GRANTED.

I. FACTUAL BACKGROUND

The Third-Party Complaint against Mountaineer Park, Inc. (“Mountaineer”) and MTR Gaming Group, Inc. (“MTR”) arises out of injuries sustained by Plaintiff in the underlying complaint Gary Birzer (“Birzer”), a resident of the state of Ohio, during a July 20, 2004 horse race at Mountaineer Race Track in West Virginia. (Third-Party Defs.’…

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