Cavounis v. Chiazzese
Filing
9
Judge George A. OToole, Jr: ORDER entered granting 8 Motion to Dismiss (Danieli, Chris)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 13-10564-GAO
CHRISTOPHER CAVOUNIS,
Plaintiff,
v.
JOHN CHIAZZESE,
Defendant.
ORDER
November 5, 2013
O’TOOLE, D.J.
This action arises out of the defendant’s alleged failure to repay the plaintiff’s loan. The
plaintiff, Christopher Cavounis, is housed at the Federal Medical Center, Devens, in Ayer,
Massachusetts. The defendant, John Chiazzese, resides in New York. The return of service filed
by the plaintiff indicates that the defendant was served in hand in New York. The defendant
moves to dismiss the Complaint for lack of personal jurisdiction, among other reasons. The
plaintiff has not filed any opposition.
The plaintiff bears the burden of establishing that the exercise of personal jurisdiction
over the defendant by this Court is proper. See Sawtelle v. Farrell, 70 F.3d 1381, 1387 (1st Cir.
1995) (citing McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 (1936)). Here the
plaintiff alleges no jurisdictional facts and offers no basis for personal jurisdiction. As the
plaintiff has failed to carry his burden, dismissal of the Complaint is appropriate.
For these reasons, the defendant’s Motion to Dismiss (dkt. no. 8) is GRANTED. The
Complaint is DISMISSED.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge
2
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