Gannon v. Medtronic, Inc.

Filing 27

Judge Rya W. Zobel: ORDER entered. Pursuant to Federal Rule of Evidence 201, I take judicial notice of the October 16, 2017, decision of the United States District Court of Minnesota in related proceedings between the same parties as in the above-ca ptioned matter. Docket # 26-1 (Case no. 17-cv-00943). Because the Minnesota decision is dispositive of the issues in this case, defendants motion to dismiss (Docket # 10) is ALLOWED. See Claudio-De Leon v. Sistema Universitario Ana G. Mendez, 775 F. 3d 41, 46 (1st Cir. 2014) (treating a motion to dismiss based on a forum selection clause as a motion alleging the failure to state a claim for which relief can be granted under Rule 12(b)(6)). Judgment may be entered dismissing this action without prejudice.(Gioia, AnaMaria)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 17-10389-RWZ

PATRICK GANNON
v.
MEDTRONIC, INC.

ORDER
November 6, 2017

ZOBEL, S.D.J.
Pursuant to Federal Rule of Evidence 201, I take judicial notice of the October
16, 2017, decision of the United States District Court of Minnesota in related
proceedings between the same parties as in the above-captioned matter. Docket # 261 (Case no. 17-cv-00943). Because the Minnesota decision is dispositive of the issues
in this case, defendant’s motion to dismiss (Docket # 10) is ALLOWED. See ClaudioDe Leon v. Sistema Universitario Ana G. Mendez, 775 F.3d 41, 46 (1st Cir. 2014)
(treating a motion to dismiss based on a forum selection clause as a motion alleging the
failure to state a claim for which relief can be granted under Rule 12(b)(6)).
Judgment may be entered dismissing this action without prejudice.

November 6, 2017
DATE

_________/s/Rya W. Zobel_________
RYA W. ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE