Pittman v. Zoar Outdoor Adventure Resort, Inc.

Filing 39

Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, Based upon the thorough analysis presented in the Report and Recommendation, and noting there are no objections, the court, upon de novo review, hereby ADOPTS the Report and Recommendation. (Dkt. No. 36 .) Based upon this, Plaintiffs Motion to Dismiss Counterclaim for Improper Venue (Dkt. No. 11 ) is hereby DENIED. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOSEPHINE PITTMAN,

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Plaintiff,
v.
ZOAR OUTDOOR ADVENTURE RESORT,
INC.,

Defendant.

Civil Action No. 16-30182-MGM

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MEMORANDUM AND ORDER RE: REPORT AND
RECOMMENDATION REGARDING PLAINTIFF’S
MOTION TO DISMISS COUNTERCLAIM FOR
IMPROPER VENUE
(Dkt. Nos. 11 and 36)
July 11, 2017
MASTROIANNI, U.S.D.J.
Magistrate Judge Katherine A. Robertson has recommended the court deny Plaintiff’s
Motion to Dismiss Counterclaim for Improper Venue (Dkt. No. 11). In short, Judge Robertson
concluded the forum selection clause does not apply to Defendant’s counterclaim, and because
Plaintiff’s claims (which were properly removed to this court) and Defendant’s counterclaim involve
a common nucleus of operative facts, they should be adjudicated together in this court. The Report
and Recommendation notified Plaintiff that she had fourteen days to file an objection. No objection
has been filed.
Based upon the thorough analysis presented in the Report and Recommendation, and noting
there are no objections, the court, upon de novo review, hereby ADOPTS the Report and
Recommendation. (Dkt. No. 36.) Based upon this, Plaintiff’s Motion to Dismiss Counterclaim for
Improper Venue (Dkt. No. 11) is hereby DENIED.

It is So Ordered.
_/s/ Mark G. Mastroianni________
MARK G. MASTROIANNI
United States District Judge

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