Paz et al v. LIFE TIME FITNESS, INC. et al
Filing
50
ORDER entered GRANTING 33 MOTION to Dismiss for lack of personal jurisdiction.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PABLO PAZ, et al.,
Plaintiffs,
VS.
LIFE TIME FITNESS, INC., et al.,
Defendants.
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CIVIL ACTION NO. H-09-2804
ORDER
This is a personal injury suit brought by parents individually and on behalf of their minor
daughter. The child was injured in June 2008 while attending a summer day camp at a Life Time
Fitness facility in Sugarland, Texas. The plaintiffs sued Life Time in state court and Life Time
removed to federal court on the basis of diversity jurisdiction. Life Time filed third-party
complaints against Gall Construction of America, Ltd. and Acapulco Pools, Ltd., seeking
contribution and indemnity for negligent construction of the pool, failure to properly train Life Time,
and failure to warn Life Time of potential problems with the pool.
In April 2011, Acapulco moved under Federal Rule of Civil Procedure 12(b)(2) to dismiss
the third-party complaint for lack of personal jurisdiction. (Docket Entry No. 33.) After conducting
jurisdictional discovery, Life Time responded to the motion to dismiss, (Docket Entry No. 46), and
Acapulco replied, (Docket Entry No. 47). Life Time has now withdrawn its opposition to
Acapulco’s motion to dismiss. The motion to dismiss is granted. The third-party claims against
Acapulco are dismissed, without prejudice, for lack of personal jurisdiction.
SIGNED on March 26, 2012, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge
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